October 24, 2006

The Court of Appeals has yet to decide Stokes v DaimlerChrysler Corporation

The Michigan Supreme Court directed the Court of Appeals to "issue a decision before October 1, 2006" in Stokes v DaimlerChrysler Corporation. You will recall that Stokes is the case where the entire Workers' Compensation Appellate Commission issued a split decision, 3-2, describing the Commission’s view on how Sington v DaimlerChrysler Corporation should be implemented and on whether pre-trial discovery in the form of vocational testimony is possible under the Workers' Disability Compensation Act. The Michigan Supreme Court stayed the Commission’s Stokes decision and directed the Court of Appeals to hear the case and issue its decision by October 1, 2006.

That date has come and gone and the Court of Appeals has yet to release its decision. An inquiry as to when the Court of Appeals may be releasing a decision has not produced any solid answer. Rumors abound that the lengthy delay in the Court of Appeals' Stokes decision is somehow tied to the election.

For whatever reason, we are still waiting for the decision. Look here for a report of the decision when it is eventually issued.

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