Opinion
No. 123034.
May 29, 2003.
COA: 233703, WCAC: 00-0374
On order of the Court, the application for leave to appeal the December 20, 2002 judgment 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 decision of the Court of Appeals and REINSTATE the decision of the Worker's Compensation Appellate Commission for the reasons stated by the dissenting judge in the Court of Appeals. The Court of Appeals majority erroneously reviewed the record to determine whether the magistrate's decision was supported by substantial evidence, rather than conducting a review to determine whether the WCAC's decision was supported by any evidence. Mudel v. Great Atlantic Pacific Tea Co, 462 Mich. 691 (2000).
Cavanagh and Kelly, JJ., would deny leave to appeal.