McCAUL v. MODERN TILE AND CARPET, INC

Plaintiff Michael McCaul appeals by leave granted from the October 14, 1999, order of the Worker’s Compensation Appellate Commission (wcac) affirming the magistrate’s denial of disability benefits. We affirm.

I. FACTS AND PROCEEDINGS

The facts in this case are essentially undisputed. Plaintiff began his employment with defendant Modem Tile and Carpet, Inc., 2 in 1976 performing carpet installation. Approximately seven or eight years before the trial in this matter, plaintiff created a sole proprietorship and acquired a worker’s compensation insurance policy at defendant’s insistence. From then…