Vanriette v. Great Atlantic & Pacific Tea Co.
| Decision Date | 03 June 1985 |
| Docket Number | No. 70795,70795 |
| Citation | 368 N.W.2d 249,422 Mich. 907 |
| Parties | John VANRIETTE, Deceased, Marion B. Vanriette, Widow, Plaintiff-Appellee, v. The GREAT ATLANTIC & PACIFIC TEA COMPANY, Defendant-Appellant. 422 Mich. 907, 368 N.W.2d 249 |
| Court | Michigan Supreme Court |
By order of July 21, 1983, the application for leave to appeal was held in abeyance pending the decisions in Selk v. Detroit Plastic Products (Docket No. 70421), Kelly v. Muskegon County Road Comm'n (Docket No. 70412), Furman v. Dep't of Corrections (Docket Nos. 70397, 70417), and Hammons v. City of Highland Park Police Dep't (Docket No. 67981). On order of the Court, the decisions having been issued on May 24, 1984, 419 Mich. 32, 348 N.W.2d 652, and on January 29, 1985, 421 Mich. 1, 364 N.W.2d 575, the application is again considered and, pursuant to MCR 7.302(F)(1), in lieu of granting leave to appeal, we REMAND this case to the Workers' Compensation Appeal Board for any necessary recomputation of the interest portion of the award in light of Selk v. Detroit Plastic Products (On Resubmission).
LEVIN, J., would, for the reasons set forth in his dissenting opinions in Selk v. Detroit Plastic Products, 419 Mich. 1, 15, 345 N.W.2d 184 (1984), and Selk v. Detroit Plastic Products (On Resubmission), 419 Mich. 32, 36, 348 N.W.2d 652 (1984), remand to the Workers' Compensation Appeal Board with the direction to (i) award interest on weekly payments that were due and payable before January 1, 1982 at 5% per annum until December 31, 1981, and thereafter at 12% per annum until paid, and (ii) award interest on weekly payments that became or become due or payable on or after January 1, 1982 at 12% per annum until paid.
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