Opinion
Docket No. 146171. COA No. 304515.
2013-03-27
Christopher M. SCHARNITZKE, Plaintiff–Appellee, Cross–Appellant, v. COCA–COLA ENTERPRISES, Defendant–Appellant, Cross–Appellee.
Prior report: Mich.App., 2012 WL 5193200.
Order
On order of the Court, the application for leave to appeal the October 18, 2012 judgment of the Court of Appeals and the application for leave to appeal as cross-appellant are considered. Pursuant to MCR 7.302(H)(1), in lieu of granting the application for leave to appeal, we REVERSE that portion of the Court of Appeals judgment reversing the Worker's Compensation Appellate Commission's (WCAC's) dismissal of the plaintiff's cross-appeal as an abuse of discretion. It is undisputed that the plaintiff failed to timely file a cross-appeal on the forms mandated by the WCAC. Under R 418.4(3), no delayed cross-appeal is permitted. As a result, it was not an abuse of discretion for the WCAC to strictly enforce its rule. Marshall v. D.J. Jacobetti Veterans Facility, 447 Mich. 544, 526 N.W.2d 585 (1994). The application for leave to appeal as cross-appellant is DENIED, because we are not persuaded that the questions presented should be reviewed by this Court.