Bessinger v. Our Lady of Good Counsel

Order Michigan Supreme Court Lansing, Michigan September 26, 2008 Clifford W. Taylor, Chief Justice 128870 & (17) Michael F. Cavanagh Elizabeth A. Weaver Marilyn Kelly KENNETH R. BESSINGER, Maura D. Corrigan Plaintiff-Appellee, Robert P. Young, Jr. Stephen J. Markman, Justices v SC: 128870 COA: 259974 WCAC: 04-000419 OUR LADY OF GOOD COUNSEL, Defendant-Appellant. _________________________________________/ By order of January 31, 2006, this case was remanded to the Workers’ Compensation Appellate Commission for a supplemental opinion. On order of the Court, the opinion having been received, the application for leave to appeal the April 29, 2005 order of the Court of Appeals is again 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. 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 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. KELLY, J., would deny leave to appeal. 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