Lewis v United Parcel Service Inc., 2009ACO #106
The Commission affirmed the magistrate’s Opinion that the plaintiff was not entitled to dual employment wage loss benefits because the plaintiff was not an employee of the second company at the time of the injury. The plaintiff admitted to performing flat fee as well as hourly work for the other company and he filed his income taxes as a separate painting company and, additionally, paid taxes as a separate business. Therefore the magistrate held, and the Appellate Commission agreed, that the plaintiff did not qualify as an employee of the other company under MCL 418.161(1)(n).
