Order Michigan Supreme Court
Lansing, Michigan
April 4, 2007 Clifford W. Taylor,
Chief Justice
132850 Michael F. Cavanagh
Elizabeth A. Weaver
Marilyn Kelly
Maura D. Corrigan
RUSSELL HILEMAN, Robert P. Young, Jr.
Plaintiff-Appellee, Stephen J. Markman,
Justices
v SC: 132850
COA: 265641
WCAC: 03-000119
TRAILER EQUIPMENT, INC., a/k/a TRAILER
X-PRESS, INC., and ACCIDENT FUND
INSURANCE COMPANY OF AMERICA,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the November 21, 2006
judgment of the Court of Appeals is considered and, pursuant to MCR 7.302(G)(1), in
lieu of granting leave to appeal, we REVERSE the judgment of the Court of Appeals and
REINSTATE the decision of the magistrate. The Court of Appeals erred in affirming the
decision of the Workers’ Compensation Appellate Commission (WCAC) by equating the
plaintiff’s testimony about his continuing symptoms with evidence of an ongoing work-
related disability. The magistrate found, and the WCAC agreed, that the plaintiff’s
January 9, 2002 surgery was solely occasioned by a non-occupational condition. The
magistrate also found, and the WCAC agreed, that the plaintiff’s disabling symptoms,
although worsened by work activity, were the result of that non-occupational condition.
The magistrate therefore correctly held that work-relationship was not proven by the
plaintiff after the date of the surgery, and the WCAC erred as a matter of law in holding
otherwise. Rakestraw v General Dynamics Land Systems, Inc, 469 Mich 220, 231
(2003).
CAVANAGH and KELLY, JJ., 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.
April 4, 2007 _________________________________________
t0328 Clerk