Order Michigan Supreme Court
Lansing, Michigan
October 13, 2005 Clifford W. Taylor,
Chief Justice
128141 Michael F. Cavanagh
Elizabeth A. Weaver
Marilyn Kelly
Maura D. Corrigan
WILLIAM H. GRAHAM, Robert P. Young, Jr.
Plaintiff-Appellee, Stephen J. Markman,
Justices
v SC: 128141
COA: 257482
WCAC: 03-000389
FLEX N GATE FORMING TECHNOLOGIES,
INC., and ROYAL INSURANCE COMPANY
OF AMERICA,
Defendants-Appellants.
_________________________________________/
On order of the Court, the application for leave to appeal the January 27, 2005
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 Worker's Compensation
Appellate Commission for consideration of the issue whether there was substantial
evidence in support of the magistrate's finding that plaintiff's cervical condition is work-
related—an issue that was raised by defendants in their brief to the Commission, but was
not addressed by that body. The application for leave to appeal is otherwise DENIED,
because we are not persuaded that the questions presented should be reviewed by this
Court.
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.
October 13, 2005 _________________________________________
l1006 Clerk