Auto-Owners Insurance v. All Star Lawn Specialists Plus, Inc.

My colleagues in the majority have aptly stated the facts and procedural history in this case; thus they need not be repeated here. As the majority correctly states, the issue presented to this conflict panel is whether under the Michigan Worker’s Disability Compensation Act (WDCA), MCL 418.101 et seq., defendant Joseph M. Derry was an “employee” of defendant All Star Lawn Specialists Flus, Inc., at the time he was injured. Resolution of this issue turns on the interpretation and application of MCL 418.161(1), a provision of the WDCA that defines when an individual *302should be considered an…