Order Michigan Supreme Court
Lansing, Michigan
September 26, 2008 Clifford W. Taylor,
Chief Justice
135949 Michael F. Cavanagh
Elizabeth A. Weaver
Marilyn Kelly
Maura D. Corrigan
ROSELYN KOHLER, Robert P. Young, Jr.
Plaintiff-Appellee, Stephen J. Markman,
Justices
v SC: 135949
COA: 278363
WCAC: 04-000323
MERCY MEMORIAL HOSPITAL
CORPORATION,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the January 25, 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 prior decisions of the worker’s compensation
tribunals and we REMAND this case to the Board of Magistrates for a new hearing and a
decision consistent with this Court’s decision in Stokes v Chrysler LLC, 481 Mich 266
(2008). The plaintiff’s current entitlement to benefits shall continue until a new decision
is issued by the Board.
We do not retain jurisdiction.
CAVANAGH and KELLY, JJ., would deny leave to appeal.
WEAVER, J. (dissenting).
I dissent from the order vacating the decisions of the workers’ compensation
tribunals and remanding this case to the Board of Magistrates for a new hearing and a
decision consistent with this Court’s decision in Stokes v Chrysler LLC, 481 Mich 266
(2008).
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 _________________________________________
0923 Clerk