Opinion
No. 121803.
March 26, 2003.
COA: 232776, WCAC: 99-000416
On order of the Court, the application for leave to appeal from the May 31, 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 REVERSE the judgment of the Court of Appeals and REINSTATE the decision of the Workers' Compensation Appellate Commission. The commission reviewed the evidence concerning the plaintiff's failure to disclose employment subsequent to the injury on his petition for benefits and concluded that plaintiff willfully failed to comply with MCL 418.222, thereby prohibiting him from proceeding under the Worker's Disability Compensation Act. See MCL 418.222(3) (6). Because there was evidence to support this factual determination, the Court of Appeals exceeded the limited scope of judicial review under MCL 418.861a(14). See Mudel v Great Atlantic Pacific Tea Co, 462 Mich. 691, 709 (2000).
Cavanagh and Kelly, JJ., dissent and would deny leave to appeal.