Agnes N Cramer v. Transitional Health Services of Wayne

Order Michigan Supreme Court Lansing, Michigan April 17, 2020 Bridget M. McCormack, Chief Justice David F. Viviano, Chief Justice Pro Tem 160312 Stephen J. Markman Brian K. Zahra Richard H. Bernstein AGNES N. CRAMER, Elizabeth T. Clement Plaintiff-Appellant, Megan K. Cavanagh, Justices v SC: 160312 COA: 347806 MCAC: 14-000086 TRANSITIONAL HEALTH SERVICES OF WAYNE and AMERICAN ZURICH INSURANCE COMPANY, Defendants-Appellees. _________________________________________/ On order of the Court, the application for leave to appeal the August 16, 2019 order of the Court of Appeals is considered and, pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we REMAND this case to the Court of Appeals for consideration, as on leave granted, of whether: (1) the Michigan Compensation Appellate Commission correctly concluded that the magistrate properly applied the fourfactor test in Martin v Pontiac Sch Dist, 2001 Mich ACO 118, lv den 466 Mich 873 (2002), and the standard in Yost v Detroit Board of Education, 2000 Mich ACO 347, lv den 465 Mich 907 (2001); (2) the Martin test is at odds with the principle that a preexisting condition is not a bar to eligibility for workers’ compensation benefits and conflicts with the plain meaning of MCL 418.301(2); and (3) the Michigan Compensation Appellate Commission correctly concluded that the magistrate’s lack of causation conclusion was supported by the requisite competent, substantial, and material evidence utilizing the proper standard of law. In all other respects, leave to appeal is DENIED, because we are not persuaded that the remaining question presented should be reviewed by this Court. I, Larry S. Royster, Clerk of the Michigan Supreme Court, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court. April 17, 2020 s0414 Clerk