Opinion
No. 135497.
May 9, 2008.
Court of Appeals No. 278004.
Leave to Appeal Denied May 9, 2008:
In this case, the Court of Appeals reversed the Workers' Compensation Appellate Commission (WCAC) decision concluding that the WCAC had ignored relevant evidence supporting the magistrate's decision. I believe it was error to reverse the decision. This Court has made clear that
[a]s long as there exists in the record any evidence supporting the WCAC's decision, and as long as the WCAC did not misapprehend its administrative appellate role (e.g., engage in de novo review; apply the wrong rule of law), then the judiciary must treat the WCAC's factual decisions as conclusive. [ Mudel v Great A P Tea Co, 462 Mich 691, 703-704 (2000).]
It does not appear that the WCAC misapprehended its role here. Plaintiff presented evidence that he was permanently disabled. Hence, the WCAC was entitled to rely on that evidence to find a permanent disability. It appears that the Court of Appeals reversed because it disagreed with the WCAC's view of the evidence. If so, the Court of Appeals misunderstood the standard of review.
This Court should grant leave to appeal to consider this question and, if it sees fit, modify the holding in Mudel to conform with its decision in this case. It should not allow inconsistent applications of Mudel.