Order Michigan Supreme Court
Lansing, Michigan
November 3, 2005 Clifford W. Taylor,
Chief Justice
Michael F. Cavanagh
128283 Elizabeth A. Weaver
Marilyn Kelly
Maura D. Corrigan
Robert P. Young, Jr.
Stephen J. Markman,
MARCIA VAN TIL, Justices
Plaintiff-Appellant,
v SC: 128283
COA: 250539
Ottawa CC: 02-042717-NO
ENVIRONMENTAL RESOURCES
MANAGEMENT, INC.,
Defendant-Appellee.
_________________________________________/
On order of the Court, the application for leave to appeal the February 10, 2005
judgment of the Court of Appeals is considered, and it is GRANTED. The parties shall
include among the issues briefed whether the trial court had jurisdiction to determine
whether plaintiff was an employee, or whether that question must first be resolved in the
worker’s compensation adjudicatory system. See Reed v Yackell, 473 Mich 520, 542
(2005).
We further ORDER that this case be argued and submitted to the Court together
with the case of Jacobs v Technidisc, Inc (Docket No. 128715), at such future session of
the Court as both cases are ready for submission.
The Michigan Trial Lawyers Association, Michigan Defense Trial Counsel, Inc.,
the Workers’ Compensation Law Section of the State Bar of Michigan, and other
interested parties are invited to file amicus briefs.
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.
November 3, 2005 _________________________________________
d1031 Clerk