MUSSELMAN v. INTL. ENGINEERING MFG., 463 Mich. 997 (2001)

625 N.W.2d 785

BRIAN MUSSELMAN, Plaintiff-Appellee, v. INTERNATIONAL ENGINEERING MANUFACTURING, INC, and FEDERATED MUTUAL INSURANCE COMPANY, Defendants-Appellants, and SECOND INJURY FUND (TOTAL AND PERMANENT DISABILITY PROVISION), Plaintiff-Appellee.

No. 117795 (28).Supreme Court of Michigan.
April 24, 2001.

COA: 224696, WCAC: 98-000389.

On order of the Court, the application for leave to appeal from the July 25, 2000, decision of the Court of Appeals, is considered, and, pursuant to MCR 7.302(F)(1), in lieu of granting leave to appeal, we REMAND the case to the Worker’s Compensation Appellate Commission in light of Eversman v Concrete Cutting Breaking, 463 Mich. 86 (2001). The motion for leave to appeal as amicus curiae is also considered, and it is DENIED.

Cavanagh and Kelly, JJ., would deny leave to appeal.

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