Recent Cases - Majority Decision Of The WCAC

Michigan Court of Appeals

Majority Decision Of The WCAC

In Smith v Exemplar Manufacturing Co (CA Docket No. 272749, rel’d January 31, 2008), the Court of Appeals addressed the question of whether a splintered Workers’ Compensation Appellate Commission decision constituted a “true majority” opinion.

The Appellate Commission had issued a decision that consisted of three different opinions: a lead opinion, a concurring opinion, and a dissenting opinion. The employer argued that this was improper because the Act and case law require a true majority opinion under MCL 418.274(8) [“The decision reached by a majority of the assigned 3 members of a panel shall be the final decision of the commission.”] and Aquilina v General Motors Corp, 403 Mich 206; 267 NW2d 923 (1978).

The Court of Appeals disagreed with defendant saying there was a “true majority” because the only purpose of the concurring opinion was to address the dissenting Commissioner’s points and “in all other respects” the concurring Commissioner agreed with the lead opinion.