 |
 |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|
|
|
|
Brown v. Henkels & McCoy11/6/2001
On order of the Court, the application for leave to appeal from the March 16, 2001 decision of the Court of Appeals is considered and, pursuant to MCR 7.302(F)(1), in lieu of granting leave to appeal, we REVERSE the judgment of the Court of Appeals and reinstate the judgment of the Workers' Compensation Appellate Commission. Plaintiff was not in the course of employment at the time of the traffic accident. The WCAC concluded that the magistrate's findings lacked evidentiary support. In so doing, it did not exceed the scope of its reviewing authority. The Court of Appeals thus had no basis under Mudel v Great Atlantic & Pacific Tea Co, 462 Mich 691 (2000), to overturn the WCAC. The Court of Appeals merely disagreed with the WCAC's application of its review standard. Mere disagreement does not show that the WCAC exceeded the scope of its reviewing authority.
Cavanagh and Kelly, JJ., would deny leave to appeal.
|