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.