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HORVATH v. PEGASUS TAVERN

Summary Dispositions May 30, 1997:

In lieu of granting leave to appeal, the case is remanded to the Worker's Compensation Appellate Commission for plenary consideration. MCR 7.302(F)(1). The WCAC dismissed the defendants' appeal because the transcripts were not filed within sixty days of the filing of the claim for review. Considering all the circumstances, the WCAC abused its discretion by dismissing the appeal. Cf. Marshall v. D J Jacobetti Veterans Facility (After Remand), 447 Mich. 544, 550, n 9 (1994). See also Blazic v. Wayne Co, 454 Mich. 885 (1997). Jurisdiction is not retained.

Court of Appeals No. 192963.

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HORVATH v. PEGASUS TAVERN
(May 30, 1997)