Order Michigan Supreme Court
Lansing, Michigan
October 3, 2008 Clifford W. Taylor,
Chief Justice
134845 Michael F. Cavanagh
Elizabeth A. Weaver
Marilyn Kelly
BRENDA L. MOSBY, Maura D. Corrigan
Plaintiff-Appellee, Robert P. Young, Jr.
Stephen J. Markman,
Justices
v SC: 134845
COA: 276313
WCAC: 05-000324
HART & COOLEY MANUFACTURING, INC.,
and INSURANCE COMPANY OF THE STATE
OF PENNSYLVANIA,
Defendants-Appellants.
_________________________________________/
On order of the Court, the application for leave to appeal the August 16, 2007
order of the Court of Appeals is considered and, pursuant to MCR 7.302(G)(1), in lieu of
granting leave to appeal, we VACATE that portion of the decision of the Workers’
Compensation Appellate Commission (WCAC) mailed January 24, 2007, which
determined that the plaintiff has established a compensable disability within the meaning
of Sington v Chrysler Corp, 467 Mich 144 (2002), and we REMAND this case to the
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. 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.
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