MICHIGAN CHIROPRACTIC ASSOC V OFFICE OF FINANCIAL AND INS SERVICE

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STATE OF MICHIGAN COURT OF APPEALS MICHIGAN CHIROPRACTIC ASSOCIATION and MICHIGAN CHIROPRACTIC SOCIETY, UNPUBLISHED January 21, 2010 Petitioners-Appellees, v OFFICE OF FINANCIAL AND INSURANCE SERVICES, No. 287597 Office of Financial & Insurance Regulation LC No. 2005-000892 Respondent, and BLUE CROSS BLUE SHIELD OF MICHIGAN, Intervenor-Appellant. MICHIGAN CHIROPRACTIC ASSOCIATION and MICHIGAN CHIROPRACTIC SOCIETY, Petitioners-Appellees, v OFFICE OF FINANCIAL AND INSURANCE SERVICES, Respondent-Appellant, and BLUE CROSS BLUE SHIELD OF MICHIGAN, Intervenor. Before: Bandstra, P.J., and Sawyer and Owens, JJ. -1- No. 287598 Office of Financial & Insurance Regulation LC No. 2005-000892 BANDSTRA, P.J., (concurring). For the reasons stated in Section II of the lead opinion, I agree that the decision of the IHO reversing the commissioner’s decision must itself be reversed. Having made that determination, we need not consider whether the IHO, pursuant to that reversal, had the statutory power to remand the matter to the commissioner. Thus, the lead opinion’s discussion of the remand issue in Section I is dictum and I do not join in that part of the opinion. /s/ Richard A. Bandstra -2-

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