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Loos v JB Installed Sales: Did CoA Properly Decide?

04 Nov, 2009 WorkersCompensation.com

                               
Lansing, MI (CompNewsNetwork) - The Court hears arguments in the appeal of Loos v J.B. Installed Sales, Inc., et al. on Wednesday afternoon.
 
The income tax records of plaintiff James A. Loos, Jr. show that he was paid by Robinson Roofing as a non-employee. Relying on these records, the worker's compensation magistrate concluded that Loos was not an employee under the Worker's Disability Compensation Act, and denied his request for benefits. The plaintiff appealed.
 
The Workers' Compensation Appellate Commission reversed, and the Court of Appeals affirmed the WCAC's ruling, holding that the magistrate erred in focusing on the plaintiff's income tax records when deciding the question of whether plaintiff was an employee. The Michigan Supreme Court is now asked to determine if the Court of Appeals properly decided the case.
 
Did the Court of Appeals properly decide the case?
 

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