Opinion
No. 119510.
January 18, 2002.
In lieu of granting leave to appeal, the order of the Court of Appeals dated May 30, 2001, is vacated, and the decision of the Worker's Compensation Appellate Commission dated April 28, 1997, is reinstated. MCR 7.302(F)(1). In this case, the Supreme Court previously remanded the matter following its decision in Layman v. Newkirk Elec. Assoc. Inc., 458 Mich. 494 (1998). However, Layman was subsequently overruled in Mudel v. Great Atlantic Pacific Tea Co., 462 Mich. 691 (2000). As recognized by the majority decision of the WCAC in its opinion dated October 5, 2000, the WCAC's decision dated April 28, 1997, applied Gardner v. Van Buren Pub. Schs., 445 Mich. 23 (1994), using the adjudicatory scheme recognized in Mudel, supra. It is reinstated. Court of Appeals No. 230727.
Cavanagh and Kelly, JJ. We would deny leave to appeal.