Worker Compensation update

In an order in lieu of granting leave to appeal, the court reversed the Court of Appeals judgment in a published case (see e-Journal # 46654 in the 8/26/10 edition) and reinstated the WCAC's order. The court held that the Court of Appeals erred in concluding that Aquilina remained valid after the 1985 amendments to the WDCA. The court concluded that in "contrast with the statutory mechanism in place at the time Aquilina was decided, the WCAC is now required to treat as conclusive the factual findings of the magistrate where those findings are ‘supported by competent, material, and substantial evidence on the whole record.'" Since the WCAC now must "give deference to the magistrate's factual determinations, and may no longer engage in de novo fact finding, a WCAC decision does not require a ‘true majority' ‘decision based on stated facts.'"

Justices Cavanagh and M. Kelly concluded that the Court of Appeals "did not clearly err in applying Aquilina under the facts of this case." While the 1985 amendments brought reforms to the WDCA, "as the Court of Appeals recognized, the review function of appellate courts remains the same." Even after the amendments, the court recognized in Holden "the importance of a ‘carefully constructed opinion by the WCAC' in facilitating appellate review." In this case, "as in Aquilina, a commissioner in the majority did not issue a separate opinion but, instead, concurred only in the result reached by the lead opinion." The justices would deny leave to appeal.

Justice Hathaway would grant leave to appeal because she believed the court "would benefit from plenary review of the issues before rendering a decision."