Garcia v. McCord Gasket Corp.

The plaintiffs employer, McCord Gasket Corporation, and its insurance carrier, National Union Fire Insurance Company, appeal by leave granted from an August 30, 1991, order of the Workers’ Compensation Appellate Commission, which, in a divided decision, granted plaintiffs renewed motion to dismiss appellants’ appeal "for failure to comply with MCL 418.862(2) [MSA 17.237(862)(2)] and the June 20, 1991 order of this Commission.” That order also denied appellants’ motion for remand and consolidation, or to hold proceedings in abeyance.

At issue is whether the appellate commission can dismiss an…