Order Michigan Supreme Court
Lansing, Michigan
October 3, 2008 Clifford W. Taylor,
Chief Justice
136471 & (21) Michael F. Cavanagh
Elizabeth A. Weaver
Marilyn Kelly
Maura D. Corrigan
OBADIAH KRUSE, Robert P. Young, Jr.
Stephen J. Markman,
Plaintiff-Appellee, Justices
v SC: 136471
COA: 281910
WCAC: 07-000079
CORT FURNITURE RENTAL and
TRAVELERS INDEMNITY COMPANY OF
CONNECTICUT,
Defendants-Appellants.
_________________________________________/
On order of the Court, the motion to file a supplement to the application is
GRANTED. The application for leave to appeal the May 6, 2008 order of the Court of
Appeals is considered and, pursuant to MCR 7.302(G)(1), in lieu of granting leave to
appeal, we REMAND this case to the Workers’ Compensation Appellate Commission
(WCAC) for reconsideration in light of Stokes v Chrysler LLC, 481 Mich 266 (2008).
The WCAC may remand this case to the Board of Magistrates for the taking of additional
proofs and for further findings upon the request of a party.
We do not retain jurisdiction.
CAVANAGH, J., would deny leave to appeal.
WEAVER, J. (dissenting).
I dissent from the order remanding this case to the Workers’ Compensation
Appellate Commission for reconsideration in light of Stokes v Chrysler LLC, 481 Mich
266 (2008).
2
Because I dissented from the majority opinion in Stokes, I would grant leave to
appeal in this case to consider whether the Stokes majority reached the correct decision in
Stokes.
KELLY, J., joins the statement of WEAVER, J.
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.
October 3, 2008 _________________________________________
0930 Clerk