COA: 217501, WCAC: 97-0046
By orders of December 28, 1999 and April 17, 2001, the application for leave to appeal from the June 1, 1999 decision of the Court of Appeals was held in abeyance pending the decisions in Calovecchi v Michigan State Police (Docket No. 110091) and Robertson v DaimlerChrysler Corporation (Docket No. 116276). On order of the Court, the decisions having been issued on April 18, 2000, 461 Mich. 616 (2000), and 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 Court of Appeals' order that vacated the WCAC's decision and REMAND this matter to the magistrate for analysis under the proper statutory framework outlined in Robertson.
Cavanagh and Kelly, JJ., would deny leave to appeal.