Opinion
No. 111805.
November 24, 1998.
Summary Dispositions November 24, 1998.
In lieu of granting leave to appeal, the July 30, 1997, order of the Worker's Compensation Appellate Commission, dismissing the defendants' appeal, is vacated, and the case is remanded to the WCAC for further proceedings. MCR 7.302(F)(1). The commission is directed to reconsider the plaintiff's motion to dismiss in the light of the undisputed fact that the defendants promptly paid the 70% interim benefits, owed to the plaintiff pursuant to MCL 418.862; MSA 17.237(862), after receiving proof that the plaintiff's weekly postinjury wages had declined below the amount she was earning when she was injured. The commission is reminded that the defendants are entitled to notice following entry of any order dismissing their appeal and that such an order is neither constitutionally valid nor enforceable so long as the defendants have been deprived of their right to notice. Jurisdiction is not retained. Court of Appeals No. 208178.