Opinion
SC 162485 COA 349641
10-08-2021
HELEN JORDAN, Plaintiff-Appellant, v. DEPARTMENT OF HEALTH AND HUMAN SERVICES, f/k/a DEPARTMENT OF MENTAL HEALTH, Defendant-Appellee.
MCAC: 17-000029
Bridget M. McCormack, Chief Justice Brian K. Zahra David F. Viviano Richard H. Bernstein Elizabeth T. Clement Megan K. Cavanagh Elizabeth M. Welch, Justices
ORDER
On order of the Court, the application for leave to appeal the December 10, 2020 judgment of the Court of Appeals is considered. We direct the Clerk to schedule oral argument on the application. MCR 7.305(H)(1).
The appellant shall file a supplemental brief addressing: (1) whether the Court of Appeals correctly applied the rationale of Staggs v Genesee Dist Library, 197 Mich.App. 571, 576 (1992), when it distinguished Staggs on the basis that it involved one-time treatment rather than ongoing treatment; (2) whether the magistrate's decision to recognize that appellant has suffered a "loss of wage earning capacity" can be reconciled with the magistrate's decision to "give greater weight to Dr. Mayer's findings" when his findings included that there was "no need for work restrictions"; and (3) the extent to which these questions can be resolved on appeal when applying the proper standards of review between the magistrate, the Michigan Compensation Appellate Commission, and the judiciary, or if they must be resolved by the magistrate in the first instance. The appellant's brief shall be filed by January 31, 2022, with no extensions except upon a showing of good cause. In the brief, citations to the record must provide the appendix page numbers as required by MCR 7.312(B)(1). The appellee shall file a supplemental brief within 21 days of being served with the appellant's brief. A reply, if any, must be filed by the appellant within 14 days of being served with the appellee's brief. The parties should not submit mere restatements of their application papers.