Opinion
No. 114647.
December 25, 2000.
Application for leave to appeal was held in abeyance pending the decisions in Mudel v. Farmer Jack/Borman's, Inc. (Docket No. 111702) and Connaway v. Welded Construction Co., (Docket No. 113799). Decisions having been issued on July 25, 2000, 462 Mich. 691, 614 N.W.2d 607 (2000), the application is again considered and, pursuant to MCR 7.302(F)(1), in lieu of granting leave to appeal, we REVERSE the decision of the Workers' Compensation Appellate Commission and REINSTATE the decision of the magistrate. Issuance of the vocationally handicapped certificate by the Department of Education was conclusive on the issue of whether plaintiff was unemployed at the time he applied for the certificate. Brown v. Michigan Health Care Corp., 463 Mich. 691, 617 N.W.2d 301 (2000); Mudel v. Farmer Jack/Borman's, Inc., 462 Mich. 691, 614 N.W.2d 607 (2000).