Michigan Court of Appeals; Docket No. 191268; Published
Judges Fitzgerald, Cavanagh, and Umbras; Unanimous; Per Curiam
Official Michigan Reporter Citation: 220 Mich App 358; Link to Opinion
STATUTORY INDEXING:
Not Applicable
TOPICAL INDEXING:
Workers Disability Compensation Act (MCL 418.1, et seq.)
No-Fault Insurer Claims for Reimbursement
CASE SUMMARY:
In this unanimous per curiam published Opinion, the Court of Appeals affirmed the order of the Workers' Compensation Appellate Commission holding that Auto Club of Michigan as intervenor was not entitled to reimbursement from Northwest School District's workers' compensation insurance carrier, because plaintiffs injury did not arise out of and during the course of her employment.
Plaintiff, a teacher, was injured while driving her automobile on the way to a seminar sponsored by the Intermediate School District. She sustained injuries which resulted in Auto Club paying her wage loss benefits, and other allowable expenses.
Auto Club filed a petition for hearing seeking reimbursement from the school district or its workers' compensation insurer, claiming that plaintiffs injuries arose out of and in the course of her employment within the meaning of the Workers' Disability Compensation Act, MCLA 418.101.
At the hearing before the magistrate, it was determined that plaintiffs injuries did not arise out of and in the course of her employment. Auto Club appealed, and the Court of Appeals upheld the determination by the magistrate that the school district was not directly benefited by plaintiffs attendance at the seminar, and that her attendance was neither compulsory nor definitely expected. Therefore, Auto Club was not entitled to reimbursement of the no-fault benefits it paid from the applicable workers' compensation carrier.