Devault v. General Motors Corp.

Plaintiff appeals from a decision of the Workers’ Compensation Appeal Board which denied him disability benefits for injuries he suffered during an assault that occurred in defendant’s plant on October 4, 1978.1 The WCAB reversed the decision of a hearing referee and denied benefits on the ground that plaintiffs injuries did not arise out of his employment under MCL 418.301(1); MSA 17.237(301X1).

*768Plaintiff was assaulted while working at defendant’s Pontiac Assembly Plant by Ralph Miller, a co-employee and the husband of plaintiff’s ex-wife. Miller struck plaintiff on the right jaw with his…