Opinion
No. 122306.
May 22, 2003.
COA: 241477, WCAC: 01-0098
On order of the Court, the application for leave to appeal from the August 22, 2002 decision of the Court of Appeals is considered and, pursuant to MCR 7.302(F)(1), in lieu of granting leave to appeal, we REMAND the case to the Court of Appeals for consideration as on leave granted. On remand, the Court of Appeals should address whether the WCAC erred as a matter of law in reversing the magistrate's ruling that plaintiff suffers a total and permanent disability under MCL 418.361(3)(g). See Paulson v. Muskegon Heights Tile Co, 371 Mich. 312 (1963); Martin v. Ford Motor Co, 401 Mich. 607 (1977); Burke v. Ontonogaon County Road Commission, 391 Mich. 103 (1974).
Kelly, J., would grant leave to appeal.