Roman Torres v. Ferrous Processing & Trading Company ( 2011 )

Order Michigan Supreme Court Lansing, Michigan December 7, 2011 Robert P. Young, Jr., Chief Justice 143408 Michael F. Cavanagh Marilyn Kelly Stephen J. Markman Diane M. Hathaway Mary Beth Kelly ROMAN TORRES, Brian K. Zahra, Plaintiff-Appellee, Justices v SC: 143408 COA: 300399 WCAC: 08-000155 FERROUS PROCESSING & TRADING COMPANY, Defendant-Appellant. _________________________________________/ On order of the Court, the application for leave to appeal the June 6, 2011 order of the Court of Appeals is considered and, pursuant to MCR 7.302(H)(1), in lieu of granting leave to appeal, we REMAND this case to the Michigan Compensation Appellate Commission, as successor to the Workers’ Compensation Appellate Commission, to address the defendant’s motion to dismiss. 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. We do not retain jurisdiction. MARILYN KELLY and HATHAWAY, JJ., would deny leave to appeal. I, Corbin R. Davis, 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. December 7, 2011 _________________________________________ t1130 Clerk