Order Michigan Supreme Court
Lansing, Michigan
December 27, 2007 Clifford W. Taylor,
Chief Justice
134924 Michael F. Cavanagh
Elizabeth A. Weaver
Marilyn Kelly
Maura D. Corrigan
RAYMOND SCHORNAK, Robert P. Young, Jr.
Plaintiff-Appellee, Stephen J. Markman,
Justices
v SC: 134924
COA: 277024
WCAC: 05-000316
DAIMLERCHRYSLER CORPORATION,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the August 16, 2007
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. The Court of Appeals shall include among the issues
addressed whether the plaintiff’s medical proofs satisfied his burden of proving that the
damage done to his heart by the work he performed during the course of his heart attack
was medically distinguishable and that the condition of his heart was made significantly
worse than it would have been without performance of the work. If the Court of Appeals
answers this question in the affirmative, it shall specifically identify the evidence it relied
upon to reach that conclusion. MCL 418.301(2); Rakestraw v General Dynamics Land
Systems, Inc, 469 Mich 220 (2003); Fahr v General Motors Corp, 478 Mich 922 (2007).
We do not retain jurisdiction.
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.
December 27, 2007 _________________________________________
t1219 Clerk