TERESA PACE V ART VAN FURNITURE INC
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STATE OF MICHIGAN
COURT OF APPEALS
TERESA PACE,
UNPUBLISHED
January 23, 2001
Plaintiff-Appellee,
v
No. 224388
WCAC
LC No. 99-000430
ART VAN FURNITURE, INC.,
Defendant-Appellant.
Before: Neff, P.J., and Holbrook, Jr., and Jansen, JJ.
MEMORANDUM.
Defendant appeals by leave granted an order of the Worker’s Compensation Appellate
Commission (WCAC), which dismissed defendant’s appeal and summarily affirmed the
magistrate’s decision. We reverse that order and remand the case to the WCAC for consideration
of defendant’s appeal on the merits.
Although defense counsel missed the deadline for filing the transcript with the WCAC
and did not timely request an extension of time in which to file that transcript, the ultimate reason
that the transcript was unavailable was because the court reporter failed to provide it. Because
the transcript was not filed with the WCAC for reasons beyond the control of defense counsel, it
was an abuse of the Commission’s discretion to dismiss defendant’s appeal for failing to timely
file the transcript. Brooks v Engine Power Components Inc, 241 Mich App 56, 62-63; 613
NW2d 733 (2000).
Reversed and remanded for consideration of defendant’s appeal on the merits. We do not
retain jurisdiction.
/s/ Janet T. Neff
/s/ Donald E. Holbrook, Jr.
/s/ Kathleen Jansen
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