ARANT v. PEREGRINE METALFORMING, INC., 474 Mich. 1089 (2006)

711 N.W.2d 350

ARANT v. PEREGRINE METALFORMING, INC.

No. 129717.Supreme Court of Michigan.
March 24, 2006.

Summary Dispositions.

SC: 129717, COA: 260861.

Pursuant to MCR 7.302(G)(1), in lieu of granting leave to appeal, we remand this case to the Court of Appeals for consideration as on leave granted. The Court of Appeals shall include among the issues addressed whether the Workers’ Compensation Appellate Commission violated its statutory standard of review when it substituted plaintiff’s proposed commencement date for the specific loss of his right hand, without any citation to the record, for the record-supported date chosen by the magistrate. The Court of Appeals shall also address the applicability of the one-year-back rule, MCL 418.833(1), in light of plaintiff’s prior receipt of specific loss benefits for the same date of injury. We do not retain jurisdiction. Court of Appeals No. 260861.

KELLY, J., I would deny leave to appeal.

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