Order Michigan Supreme Court
Lansing, Michigan
April 13, 2007 Clifford W. Taylor,
Chief Justice
132556 Michael F. Cavanagh
Elizabeth A. Weaver
Marilyn Kelly
Maura D. Corrigan
KENNETH R. JAGER, Robert P. Young, Jr.
Plaintiff-Appellee, Stephen J. Markman,
Justices
v SC: 132556
COA: 259046
WCAC: 03-000352
ROSTAGNO TRUCKING COMPANY, INC., and
ACCIDENT FUND INSURANCE COMPANY OF
AMERICA,
Defendants-Appellees,
and
SILICOSIS, DUST DISEASE & LOGGING
INDUSTRY COMPENSATION FUND,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the October 12, 2006
judgment of the Court of Appeals is considered, and it is DENIED, because we are not
persuaded that the question presented should be reviewed by this Court.
MARKMAN, J., dissents and states as follows:
I would grant defendant’s application for leave to appeal to consider the following
issues: (1) with regard to an industry-defined workers’ compensation fund, such as the
Logging Industry Compensation Fund, by what means is the covered “industry” to be
defined; (2) whether “employment in the logging industry” in MCL 418.531 references
the nature of work that an employee is engaged in at the time of an injury or the nature of
the work performed by his or her employer; (3) whether Code No. 2702, as referenced by
MCL 418.501, defines what activities are compensable under § 501 or what activities are
compensable by § 501 only if one is employed within the “logging industry”; (4) whether
the logging fund has a cause of action against a business or an insurer that, for purposes
of insurance coverage, intentionally or negligently misclassifies the “industry” code of a
particular business and thereby causes the fund to rely on such misclassification in setting
2
its rates; and (5) whether the Workers’ Compensation Appellate Commission in this case
accurately concluded that, “to permit recovery from the Fund under the circumstances of
this case provides the employer with a form of double recovery anathema to the
compensation system.”
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 13, 2007 _________________________________________
t0410 Clerk