Order Michigan Supreme Court
Lansing, Michigan
September 26, 2008 Clifford W. Taylor,
Chief Justice
134805 & (36) Michael F. Cavanagh
Elizabeth A. Weaver
Marilyn Kelly
Maura D. Corrigan
Robert P. Young, Jr.
WARREN M. ROBERTSON, JR., Stephen J. Markman,
Plaintiff-Appellee, Justices
v SC: 134805
COA: 263067
WCAC: 02-000399
DAIMLERCHRYSLER CORPORATION,
n/k/a CHRYSLER, LLC,
Defendant-Appellant.
_________________________________________/
On order of the Court, the motion for leave to file brief amicus curiae is
GRANTED. The application for leave to appeal the July 26, 2007 judgment 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 Court of Appeals opinion in part with regard to its application
of Sington v Chrysler Corp, 467 Mich 144 (2002), and the Workers’ Compensation
Appellate Commission’s determination that Sington is inapplicable to this case, and we
REMAND this case to the Board of Magistrates for further proceedings regarding
disability consistent with the standards set forth in Stokes v Chrysler LLC (Docket No.
132648), 481 Mich 266 (2008). In all other respects, leave to appeal is DENIED,
because we are not persuaded that the remaining questions presented should be reviewed
by this Court. We do not retain jurisdiction.
CAVANAGH and KELLY, JJ., would deny leave to appeal.
WEAVER, J. (dissenting).
I dissent from the order partially vacating the Court of Appeals judgment with
regard to its application of Sington v Chrysler Corp, 467 Mich 144 (2002), and the
Workers’ Compensation Appellate Commission’s determination that Sington is
inapplicable to this case, and remanding this case to the magistrate for further
proceedings regarding disability consistent with the standards set forth in Stokes v
Chrysler LLC, 481 Mich 266 (2008).
2
Because I dissented from the majority opinion in Stokes v Chrysler LLC, I vote to
grant leave to appeal in this case to consider whether a majority of this Court reached the
correct decision in Stokes.
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.
September 26, 2008 _________________________________________
d0923 Clerk