Order Michigan Supreme Court
Lansing, Michigan
October 1, 2008 Clifford W. Taylor,
Chief Justice
136029 Michael F. Cavanagh
Elizabeth A. Weaver
Marilyn Kelly
Maura D. Corrigan
Robert P. Young, Jr.
SEVELTA W. LOFTON, Stephen J. Markman,
Plaintiff-Appellee, 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.
_________________________________________/
On order of the Court, the application for leave to appeal the February 4, 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 VACATE the decision of the Workers’ Compensation
Appellate Commission mailed April 4, 2007, and we REMAND this case to the Board of
Magistrates for reconsideration in light of Stokes v Chrysler LLC, 481 Mich 266 (2008).
If it is found that the plaintiff is disabled under MCL 418.301(4), but that the limitation of
wage earning capacity is only partial, the magistrate shall compute wage loss benefits
under MCL 418.361(1), based upon what the plaintiff remains capable of earning. The
magistrate assigned to this case may take additional proofs upon request of either party.
We DIRECT the magistrate to issue a decision and file that decision with the Clerk of
this Court within 126 days of the date of this order.
We retain jurisdiction.
CAVANAGH, J., would deny leave to appeal.
WEAVER, J. (dissenting).
2
I dissent from the order vacating the decision of the Workers’ Compensation
Appellate Commission and remanding this case to the Board of Magistrates for
reconsideration in light of Stokes v Chrysler LLC, 481 Mich 266 (2008).
Because I dissented from the majority opinion in Stokes v Chrysler LLC, 481 Mich
at 320 (Weaver, J., dissenting), I vote to grant leave to appeal in this case to consider
whether a majority of this Court reached the correct decision in Stokes.
KELLY, J., would grant leave to appeal to reconsider Stokes v Chrysler LLC, 481
Mich 266 (2008).
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 1, 2008 _________________________________________
0924 Clerk