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LAYMAN v. NEWKIRK ELEC. ASSOCIATES, INC.

Docket No. 105245, Calendar No. 4.

581 N.W.2d 244 (1998)

458 Mich. 494

William D. LAYMAN, Plaintiff-Appellant, v. NEWKIRK ELECTRIC ASSOCIATES, INC., and Henkels & McCoy, Inc., Defendants-Appellees.

Supreme Court of Michigan.

Decided July 30, 1998.

Rehearing Denied September 11, 1998.

Attorney(s) appearing for the Case

Robison & Sims, P.C. (by John M. Sims), Albion, for plaintiff-appellant.

Plunkett & Cooney, P.C. (by Paul F. Paternoster) Detroit, for defendant-appellee Newkirk Electric Associates, Inc.

Martin L. Critchell, Detroit, for defendant-appellee Henkels & McCoy, Inc.

Daryl Royal, Dearborn, and Cooper, Bender, Mohr & Iddings, P.C. (by David J. Cooper), Tecumseh, for Michigan Trial Lawyers Association.

Lacey & Jones (by Gerald M. Marcinkoski), Birmingham, for Michigan Defense Trial Counsel.

Opinion

MARILYN J. KELLY, Justice.

We granted leave in this case to decide (1) whether the Worker's Compensation Appellate Commission improperly made fact findings in the absence of findings by the magistrate, and (2) whether, on remand from an appellate court, additional fact findings should be undertaken by the magistrate or the commission. We conclude that the commission exceeded its authority in this case and that the magistrate is the proper person...

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