Order Michigan Supreme Court
Lansing, Michigan
November 23, 2011 Robert P. Young, Jr.,
Chief Justice
143647 Michael F. Cavanagh
Marilyn Kelly
Stephen J. Markman
Diane M. Hathaway
Mary Beth Kelly
DALE R. CLANCY, Brian K. Zahra,
Plaintiff-Appellee, Justices
v SC: 143647
COA: 300926
WCAC: 07-000190
MILLENNIUM PAINTING COMPANY and
LIBERTY MUTUAL INSURANCE COMPANY,
Defendants-Appellants,
and
BASIC PAINTING, INC., and ACCIDENT
FUND INSURANCE COMPANY OF
AMERICA; RCO ENGINEERING, INC., and
SAFECO INSURANCE COMPANY OF
AMERICA; and SJS, d/b/a MILLENNIUM
INDUSTRIAL SERVICES,
Defendants-Appellees.
_________________________________________/
On order of the Court, the application for leave to appeal the July 19, 2011 order
of the Court of Appeals is considered and, pursuant to MCR 7.302(H)(1), in lieu of
granting leave to appeal, we REVERSE that portion of the decision of the Workers’
Compensation Appellate Commission (WCAC) finding Millennium Painting Company
and Liberty Mutual Insurance Company liable for payment of benefits for the reasons
stated in the WCAC dissenting opinion, and we REMAND this case to the Michigan
Compensation Appellate Commission, as successor to the Workers’ Compensation
Appellate Commission, for entry of an order requiring payment of the plaintiff’s benefits
from RCO Engineering, Inc., and Safeco Insurance Company of America based on a July
28, 2001 date of injury. In all other respects, leave to appeal is DENIED, because we are
not persuaded that the remaining question presented should be reviewed by this Court.
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