Irwin v Renaissance Man, 2009 ACO #55
The Appellate Commission affirmed the magistrate’s decision awarding benefits to a claimant who was injured on his way to work while towing a piece of equipment owned by the employer. The defense argued that this case was in line with MCL418.301(1), indicating an employee who is on his way to work is not at work. The plaintiff argued, and the Commission agreed, that even though the plaintiff was traveling to work at the time of the injury, because he took the employer’s piece of equipment home to fix and was bringing it back to the employer at the time of the injury, the travel fit within the “dual purpose” exception to the “going and coming rule.”