PARTIAL WAGE LOSS BASED UPON VOCATIONAL EXPERT TESTIMONY The Michigan Supreme Court recently issued Orders in three cases, regarding a determination of partial wage loss based upon a vocational expert evaluation and opinion. The cases are Harder v Castle Bluff Apartments 489 Mich ____ ____ (Docket #142616, Order entered 06/03/11), Umphrey v General Motors Corporation Docket #142694, Order entered 06/29/11), and Vrooman v Ford Motor Company, Docket #142824, Order entered 06/29/11. The Orders seem to suggest that, if it is determined, based upon a vocational experts evaluation and testimony, that an employee is only partially disabled, then a calculation of wage loss benefits must be made pursuant to MCL 418.361(1), and the employee’s benefit award should be modified accordingly. These Orders seem to indicate that the Supreme Court will allow an employer to establish an employee’s residual wage earning capacity, without an actual job offer being made to the employee. If you have any questions or would like to discuss these Orders further, please contact us at your convenience. Please share this email with anyone else who may be interested in it.