Categories: Michigan Supreme Court Opinions

THORNTON v. FARMER JACK/BORMAN’S, 465 Mich. 873 (2001)

634 N.W.2d 361

EVELYN THORNTON, Plaintiff-Appellee-Cross-Appellant, v. FARMER JACK/BORMAN’S, INC/A P, Defendant-Appellant-Cross-Appellee.

No. 118925 (61).Supreme Court of Michigan.
September 18, 2001.

COA: 208469, WCAC: 94-0257

On order of the Court, the application for leave to appeal from the March 9, 2001, decision of the Court of Appeals is considered, and, pursuant to MCR 7.302(F)(1), in lieu of granting leave to appeal, and for the reasons stated in the opinion of the dissenting Court of Appeals judge, we REVERSE the judgment of the Court of Appeals, REINSTATE the July 5, 1996, finding of the WCAC concerning the duration of the plaintiff’s work-related disability, and REMAND the case to the WCAC for further proceedings on the issue of the correct weekly benefit rate. As to this issue, the WCAC shall remand the case to the magistrate for an explanation of the evidence supporting the magistrate’s calculation, and the parties shall have an opportunity to request further review of that issue by the WCAC.

The application for leave to appeal as cross-appellant is considered, and it DENIED. We do not retain jurisdiction.

Kelly, J., would deny leave to appeal.

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