656 N.W.2d 523

JERRY SIMMONS, Plaintiff-Appellee, v. TRI-COUNTY ELECTRIC COMPANY AND CINCINNATI INSURANCE COMPANY, Defendants-Appellants.

No. 121291.Supreme Court of Michigan.
January 14, 2003.

COA: 239490, WCAC: 01-000242

On order of the Court, the application for leave to appeal from the March 25, 2002 order of the Court of Appeals is considered and, pursuant to MCR 7.302(F)(1), in lieu of granting leave to appeal, we REMAND this case to the Court of Appeals for consideration as on leave granted. In addition to the issues raised in the application, the Court of Appeals is directed to consider the question whether the applicability of MCL 418.371(6) is a question of fact, of law, or a mixed question of law and fact.

We do not retain jurisdiction.

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

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