LUNDMARK v. Rust Engineering Co.
This text of 626 N.W.2d 904 (LUNDMARK v. Rust Engineering Co.) is published on Counsel Stack Legal Research, covering Michigan Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Roger LUNDMARK, Plaintiff-Appellee,
v.
RUST ENGINEERING COMPANY and Argonaut Insurance Company, Defendants-Appellants, and
Second Injury Fund (Vocationally Handicapped Provisions), Defendant-Appellee.
Supreme Court of Michigan.
On order of the Court, the application for leave to appeal from the October 5, 2000 decision of the Court of Appeals is *905 considered and, pursuant to MCR 7.302(F)(1), in lieu of granting leave to appeal, we VACATE the portion of the WCAC's opinion stating that the vocationally handicapped certificate issued to plaintiff is "void." MCR 7.302(F)(1). The certificate is not valid as to the employer in this case, but the WCAC lacks statutory authority to void the certificate itself. See M.C.L. § 418.905; M.S.A. § 17.237(905); Brown v. Michigan Health Care Corp., 463 Mich. 368, 376, n. 7, 617 N.W.2d 301 (2000). In all other respects leave to appeal is DENIED.
MARKMAN, J., dissents and states as follows:
I would grant leave in this case in order to consider whether there is "any evidence" to support the WCAC's finding that plaintiff was "employed" by defendant prior to obtaining a vocationally handicapped certification.
MICHAEL F. CAVANAGH and MARILYN J. KELLY, JJ., join in the statement of MARKMAN, J.
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
626 N.W.2d 904, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lundmark-v-rust-engineering-co-mich-2001.