Order Michigan Supreme Court
Lansing, Michigan
July 16, 2021 Bridget M. McCormack,
Chief Justice
162449 (51) Brian K. Zahra
David F. Viviano
Richard H. Bernstein
Elizabeth T. Clement
NORMAN E. CARSON, Megan K. Cavanagh
Plaintiff-Appellant/ Elizabeth M. Welch,
Cross-Appellee, Justices
v SC: 162449
COA: 350257
MCAC: 18-000012
BANDIT INDUSTRIES, INC. and ACUITY, A
MUTUAL INSURANCE COMPANY,
Defendants-Appellees/
Cross-Appellants.
_________________________________________/
By order of June 30, 2021, we vacated the December 17, 2020 judgment of the
Court of Appeals and remanded this case to the Court of Appeals for consideration as on
leave granted of those issues that the Court of Appeals previously declined to review. On
order of the Court, the motion for clarification of this Court’s June 30, 2021 order is
considered, and it is GRANTED. On remand, the Court of Appeals shall consider as on
leave granted those issues that the Court of Appeals previously declined to review in its
January 2, 2020 order. As set out in the appellant’s application for leave to appeal in that
court, those issues are:
I. Did the appellate commission violate MCL 418.861a(3) when it
reversed the magistrate’s finding of a work-related injury?
II. Did the appellate commission misapply the legal standard articulated
by the Supreme Court in Rakestraw v General Dynamics Land
System, 469 Mich 220 (2003) in finding that the plaintiff failed to
demonstrate a work-related injury?
This Court did not previously deny leave to appeal on these issues, and the appellant
timely raised them in an application filed within 42 days of the Court of Appeals opinion
resolving the appeal pursuant to MCR 7.305(C)(2)(a). As consideration of the above
issues may impact the Court of Appeals’ decision on the issue of recoupment (the
appellant’s Issue III), the Court of Appeals should also reconsider the recoupment issue
and address the arguments presented by the parties in this Court with respect to that issue.
I, Larry S. Royster, 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 16, 2021
p0713
Clerk