Michigan Supreme Court Overrules Court of Appeals Decision Defining “Employee” and “Independent Contractor” Under Pre-2011 Workers Compensation Claims

Blog Post from Earlier

Amicus Curious

In an opinion without oral argument being held, the Supreme Court in a 6 to 1 decision reversed the Court of Appeals’ interpretation of MCL 418.161, ruling that an individual must only satisfy one of the three criteria to be considered an independent contractor and not covered by workers compensation.  As explained by the Court, each criterion of MCL 418.161(1)(n) must be satisfied for an individual to be considered an employee; conversely, failure to satisfy any one of the three criteria will exclude an individual from employee status. By requiring that all three statutory criteria be met for an individual to be divested of employee status, the special panel majority’s interpretation ignored the word “not” contained in each criterion.

Read the opinion here:  Auto Owners v. All Star Lawn

Below is also a summary I previously prepared of the Court of Appeals ruling.

In  a published decision, Auto Owners Ins Co v. All Star…

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