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Buitendorp v. Swiss Valley

Supreme Court of Michigan
Sep 23, 2009
485 Mich. 879 (Mich. 2009)

Summary

determining whether the statutory "social or recreational bar applies" does not require determining whether the injured person’s "overall activities were work-related" but rather whether "the major purpose of the [injured person’s] activity at the time of injury " was work-related

Summary of this case from Kuhlgert v. Mich. State Univ.

Opinion

No. 138985.

September 23, 2009.

Appeal from the Court of Appeals No. 289999.


Actions on Applications for Leave to Appeal from the Court of Appeals.

Summary Disposition.

Pursuant to MCR 7.302(H)(1), in lieu of granting leave to appeal, we vacate the decision of the Workers' Compensation Appellate Commission (WCAC) and remand this case to the Workers' Compensation Board of Magistrates for reconsideration under the proper legal standard. The magistrate and the WCAC employed an improper legal framework in analyzing the facts of this case by assessing whether the major purpose of the plaintiff's overall activities were work-related. Under MCL 418.301(3) and Eversman v Concrete Cutting Breaking, 463 Mich 86 (2000), the major purpose of the plaintiff's activity at the time of injury determines whether the social or recreational bar applies. We do not retain jurisdiction.


Summaries of

Buitendorp v. Swiss Valley

Supreme Court of Michigan
Sep 23, 2009
485 Mich. 879 (Mich. 2009)

determining whether the statutory "social or recreational bar applies" does not require determining whether the injured person’s "overall activities were work-related" but rather whether "the major purpose of the [injured person’s] activity at the time of injury " was work-related

Summary of this case from Kuhlgert v. Mich. State Univ.
Case details for

Buitendorp v. Swiss Valley

Case Details

Full title:MANUEL BUITENDORP, Plaintiff-Appellee, v. SWISS VALLEY, INC., d/b/a SWISS…

Court:Supreme Court of Michigan

Date published: Sep 23, 2009

Citations

485 Mich. 879 (Mich. 2009)

Citing Cases

Kuhlgert v. Mich. State Univ.

Therefore, the purpose of the exception is to distinguish such purely personal activity from activity in the…

Estate of Taylor v. Outdoor Adventures of Davison, LLC

In Eversman v Concrete Cutting & Breaking, 463 Mich. 86, 95; 614 N.W.2d 862 (2000), our Supreme Court…