Order Michigan Supreme Court
Lansing, Michigan
November 23, 2011 Robert P. Young, Jr.,
Chief Justice
143346 Michael F. Cavanagh
Marilyn Kelly
Stephen J. Markman
Diane M. Hathaway
Mary Beth Kelly
WALTER J. SHAW, Brian K. Zahra,
Plaintiff-Appellee, Justices
v SC: 143346
COA: 300389
WCAC: 09-000090
EATON CORPORATION and OLD
REPUBLIC INSURANCE COMPANY,
Defendants-Appellants.
_________________________________________/
On order of the Court, the application for leave to appeal the May 23, 2011 order
of the Court of Appeals is considered, and it is DENIED, because we are not persuaded
that the questions presented should be reviewed by this Court.
MARKMAN, J. (concurring).
Although I am troubled by the magistrate’s findings, particularly with respect to
plaintiff having suffered a mental disability under MCL 418.301(2), given that the only
testimony on this point was that plaintiff felt “overwhelmed” and “anxious” due to his
employer’s purported lack of concern regarding his complaints that a fellow employee
had not been properly trained, and plaintiff’s psychiatrist’s opinion that such feelings
prevented plaintiff from holding gainful employment, I nonetheless reluctantly concur
with the instant order of denial. For purposes of review in this Court, factual findings by
the magistrate and the WCAC are treated as conclusive, in the absence of fraud. Mudel v
Great Atlantic & Pacific Tea Company, 462 Mich 691, 701 (2000).
I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the
foregoing is a true and complete copy of the order entered at the direction of the Court.
November 23, 2011 _________________________________________
t1116 Clerk