HOWARD v. CHRYSLER CORP., 466 Mich. 871 (2002)

645 N.W.2d 665

No. 113059.Supreme Court of Michigan.
May 30, 2002.

COA: 211676, WCAC: 96-0351

By order of April 17, 2001, the application for leave to appeal from the August 21, 1998 decision of the Court of Appeals was held in abeyance pending the decision in Robertson v DaimlerChrysler Corp (Docket No. 116276). On order of the Court, the decision having been issued on April 9, 2002, 465 Mich. 732 (2002), the application is again considered and, pursuant to MCR 7.302(F)(1), in lieu of granting leave to appeal, we VACATE the decision of the Worker’s Compensation Appellate Commission and REMAND the case to the magistrate for analysis under the proper statutory framework, as discussed in Robertson.

We do not retain jurisdiction.

CAVANAGH and KELLY, JJ., would deny leave to appeal.