Order Michigan Supreme Court
Lansing, Michigan
July 15, 2009 Marilyn Kelly,
Chief Justice
136029 & (21)(25) Michael F. Cavanagh
Elizabeth A. Weaver
Maura D. Corrigan
Robert P. Young, Jr.
SEVELTA W. LOFTON, Stephen J. Markman
Plaintiff-Appellee, Diane M. Hathaway,
Justices
v SC: 136029
COA: 277845
WCAC: 01-000331
AUTOZONE, INC., and EMPLOYERS
INSURANCE COMPANY OF WAUSAU,
Defendants-Appellants,
and
SECOND INJURY FUND (DUAL
EMPLOYMENT PROVISIONS),
Defendant-Appellee.
_________________________________________/
By order of October 1, 2008, this Court vacated the decision of the Workers’
Compensation Appellate Commission (WCAC) mailed April 4, 2007, and remanded this
case to the Board of Magistrates for reconsideration in light of Stokes v Chrysler LLC,
481 Mich 266 (2008), with instruction that the magistrate assigned to the case take
additional proofs upon request of either party and issue a decision. This Court retained
jurisdiction. On order of the Court, the assigned magistrate having subsequently presided
over an evidentiary hearing and having submitted a new decision in accordance with this
Court’s instructions, we REMAND this case to the WCAC for review of any challenges
the parties may have to the magistrate’s decision pursuant to the standard of review
established in MCL 418.861a. The motion for leave to file brief amicus curiae is
GRANTED.
We do not retain jurisdiction.
KELLY, C.J., and WEAVER and HATHAWAY, JJ., would grant leave to appeal.
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.
July 15, 2009 _________________________________________
0708 Clerk