Marcotte v. Tamarack City Volunteer Fire Department

Plaintiff appeals a decision of the Workers’ Compensation Appeal Board (WCAB) which found that plaintiffs injuries did not arise out of and in the course of employment.

The parties agree that plaintiff was totally and permanently disabled as a result of an automobile accident which occurred when the automobile in which he was a passenger was struck head-on by another vehicle. The accident occurred at approximately 11:30 p.m. on June 9, 1974, while plaintiff was on a direct route home from the Copper Country Fireman’s Tournament which was held in L’Anse, Baraga County.

Plaintiff was a member of…