Schindler v. ASPLUNDH TREE EXPERT COMPANY

Order Michigan Supreme Court Lansing, Michigan July 23, 2008 Clifford W. Taylor, Chief Justice 136016 Michael F. Cavanagh Elizabeth A. Weaver Marilyn Kelly Maura D. Corrigan DARRYL SCHINDLER, Robert P. Young, Jr. Plaintiff-Appellee, Stephen J. Markman, Justices v SC: 136016 COA: 279295 WCAC: 06-000084 ASPLUNDH TREE EXPERT COMPANY and LUMBERMENS MUTUAL CASUALTY COMPANY, Defendants-Appellants, and RELIANCE NATIONAL INDEMNITY COMPANY and MICHIGAN PROPERTY & CASUALTY GUARANTY ASSOCIATION, Defendants. _________________________________________/ On order of the Court, the application for leave to appeal the January 31, 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 REMAND this case to the Court of Appeals for consideration, as on leave granted, of the issue whether the Michigan Bureau of Worker’s Compensation has jurisdiction over the controversy arising out of plaintiff’s injury, MCL 418.845. The Court of Appeals shall address the remaining issues only if it determines that jurisdiction in Michigan is proper. 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. July 23, 2008 _________________________________________ l0716 Clerk