Categories: Michigan Supreme Court Opinions

CHARBONEAU v. BEVERLY ENTERPRISES, INC., 459 Mich. 992 (1999)

595 N.W.2d 853

MARY H. CHARBONEAU, Plaintiff-Appellee, v. BEVERLY ENTERPRISES, INC., Defendant-Appellee, and SECOND INJURY FUND (70% REIMBURSEMENT PROVISION), Defendant-Appellant.

No. 112562.Supreme Court of Michigan.
May 26, 1999.

In lieu of granting leave to appeal, the case is remanded to the Court of Appeals for consideration as on leave granted. MCR 7.302(F)(1). The Court of Appeals is to decide whether defendant Beverly Enterprises, Inc., is entitled to reimbursement from the Second Injury Fund of the 70 payments made by Beverly while the direct appeal from the original open award of benefits was pending. In deciding this issue, the Court of Appeals is to address whether the final disposition of Beverly’s separate petition to stop payment of benefits constitutes “a final determination” triggering the right to reimbursement under MCL 418.862(1); MSA 17.237(862)(1). Court of Appeals No. 210628.

Summary dispositions May 26, 1999.

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