Opinion
Docket No. 154499. COA No. 332442.
11-23-2016
Sebastian KUHLGERT, Conservator of Elisabeth Ostendorf, Plaintiff–Appellee, v. MICHIGAN STATE UNIVERSITY and Board of Trustees of Michigan State University, Defendants, and United Educators, Intervening Defendant–Appellant.
Order
On order of the Court, the motion for immediate consideration is GRANTED. The application for leave to appeal the September 12, 2016 order of the Court of Appeals is considered and, pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we REMAND this case to the Court of Appeals for consideration as on leave granted. The Court of Appeals shall consider: (1) whether the plaintiffs claims are barred by the exclusive remedy provision of the Worker's Disability Compensation Act (WDCA), see MCL 418.131(1) ; Sewell v. Clearing Machine Corp., 419 Mich. 56, 62, 347 N.W.2d 447 (1984) ; and if not, (2) whether the Court of Claims erred by denying United Educators' motion to intervene.
We do not retain jurisdiction.