Forgach v. George Koch & Sons Co.

In this matter on leave granted from an August 25, 1986, opinion and order of the Workers’ Compensation Appeal Board, we are asked to determine whether a flat per diem travel stipend, computed on a zone basis and paid pursuant to a union contract, in and of itself determines that an employee injury, occurring while returning en route from work to home, arises "out of and in the course of employment.” The hearing referee and Workers’ Compensation Appeal Board held that it did not. We affirm. The issue raised is of first impression in Michigan.

Plaintiff, born July 10, 1924, is a journeyman…