Opinion
No. 132850.
April 4, 2007.
Appeal from the Court of Appeals No. 265641.
Summary Dispositions April 4, 2007.
Pursuant to MCR 7.302(G)(1), in lieu of granting leave to appeal, we reverse the judgment of the Court of Appeals and reinstate the decision of the magistrate. The Court of Appeals erred in affirming the decision of the Workers' Compensation Appellate Commission (WCAC) by equating the plaintiff's testimony about his continuing symptoms with evidence of an ongoing work-related disability. The magistrate found, and the WCAC agreed, that the plaintiff's January 9, 2002, surgery was solely occasioned by a nonoccupational condition. The magistrate also found, and the WCAC agreed, that the plaintiff's disabling symptoms, although worsened by work activity, were the result of that nonoccupational condition. The magistrate therefore correctly held that relationship to work was not proven by the plaintiff after the date of the surgery, and the WCAC erred as a matter of law in holding otherwise. Rakestraw v Gen Dynamics Land Systems, Inc, 469 Mich 220, 231 (2003).
CAVANAGH and KELLY, JJ. We would deny leave to appeal.