Graham v. FLEX N GATE FORMING TECHNOLOGIES, INC.

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