Kruse v. CORT FURNITURE RENTAL

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