McINTOSH v. CHRYSLER CORP

Docket Nos. 159776, 161829.

212 Mich. App. 461 (1995)

538 N.W.2d 428

McINTOSH v. CHRYSLER CORPORATION DRAKOS v. GENERAL MOTORS CORPORATION

Michigan Court of Appeals.

Decided August 1, 1995, at 9:10 A.M.


Attorney(s) appearing for the Case

Levine, Benjamin, Tushman, Bratt, Jerris & Stein, P.C. (by Charles P. Burbach), for Antoinette McIntosh.

Lacey & Jones (by Michael T. Reinholm), for Chrysler Corporation.

Plunkett & Cooney, P.C. (by Paul F. Paternoster), for General Motors Corporation.

Before: GRIBBS, P.J., and WHITE and J.F. FOLEY, JJ.


PER CURIAM.

These companion cases concern the proper application of the "vexatious appeal" provisions of MCL 418.861b; MSA 17.237(861b). We conclude that the Worker's Compensation Appellate Commission (WCAC) applied an erroneous standard and reverse.

I

A

In Docket No. 159776, Antoinette McIntosh appeals by leave granted an opinion and order of the WCAC finding her appeal to be vexatious.

The parties stipulated that McIntosh injured...

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