Gilbert v. Second Injury Fund

This worker’s compensation case concerns the application of the dual employment provisions in MCL 418.372; MSA 17.237(372). Because under the stipulated facts of this case the employee, Kevin Gilbert, was injured in the course of his employment with an employer that did not report Gilbert’s wages to the Internal Revenue Service, the magistrate and the Worker’s Compensation Appellate Commission (wcac) concluded that it was impossible to apportion benefits between Gilbert’s employments and that the “injury employer” was one hundred percent responsible for all benefits based on Gilbert’s…