From Casetext: Smarter Legal Research

Shaw v. Eaton Corp.

Supreme Court of Michigan.
Nov 23, 2011
805 N.W.2d 439 (Mich. 2011)

Opinion

Docket No. 143346.COA No. 300389.

2011-11-23

Walter J. SHAW, Plaintiff–Appellee, v. EATON CORPORATION and Old Republic Insurance Company, Defendants–Appellants.


Order

On order of the Court, the application for leave to appeal the May 23, 2011 order of the Court of Appeals is considered, and it is DENIED, because we are not persuaded that the questions presented should be reviewed by this Court.

MARKMAN, J. (concurring).

Although I am troubled by the magistrate's findings, particularly with respect to plaintiff having suffered a mental disability under MCL 418.301(2), given that the only testimony on this point was that plaintiff felt “overwhelmed” and “anxious” due to his employer's purported lack of concern regarding his complaints that a fellow employee had not been properly trained, and plaintiff's psychiatrist's opinion that such feelings prevented plaintiff from holding gainful employment, I nonetheless reluctantly concur with the instant order of denial. For purposes of review in this Court, factual findings by the magistrate and the WCAC are treated as conclusive, in the absence of fraud. Mudel v. Great Atlantic & Pacific Tea Company, 462 Mich. 691, 701, 614 N.W.2d 607 (2000).


Summaries of

Shaw v. Eaton Corp.

Supreme Court of Michigan.
Nov 23, 2011
805 N.W.2d 439 (Mich. 2011)
Case details for

Shaw v. Eaton Corp.

Case Details

Full title:Walter J. SHAW, Plaintiff–Appellee, v. EATON CORPORATION and Old Republic…

Court:Supreme Court of Michigan.

Date published: Nov 23, 2011

Citations

805 N.W.2d 439 (Mich. 2011)
490 Mich. 918