Dana v American Youth Foundation – 17.20
COURT OF APPEALS DECISION: Service in an Americorps program is not exempt from coverage under Section 43(o)(v). (See statutory amendment described below.)
Tag Archives: Excluded employment
Canto v McLaren Regional Medical Center – 17.19
CIRCUIT COURT HOLDING: Participation in an accredited medical residency program is excluded from the MES Act definition of “employment” pursuant to Sections 43(o)(5) and 43(q)(2).
Detroit Medical Center Corp v Yff – 17.13
CIRCUIT COURT HOLDING: Even though the primary function of the medical residency was to provide additional training, the claimant functioned as an employee. Furthermore, his services were not statutorily excluded.
Maguire v Charter Township of Shelby – 17.17
CIRCUIT COURT HOLDING: Where claimants resigned from non-tenured policymaking/advisory positions to which they were elected and were then hired or appointed to tenured, non-policymaking, non-advisory positions, their services were not excluded even if they essentially continued the same type of work as before.
Apple Crest Farms v Gardner – 17.18
CIRCUIT COURT HOLDING: The services the claimant performed (cutting the grass and cleaning the grounds of a plot of land where no active farming had taken place for several years) were not agricultural labor and therefore, not excluded “employment.”
Ballenger v Michigan Department of Agriculture – 17.12
CIRCUIT COURT HOLDING: Claimant’s employment as the State Racing Commissioner was a major non-tenured policymaking or advisory position and therefore excluded employment under Section 43(o)(iii)(E) of the Michigan Employment Security Act.
General Motors Corp v Walworth – 17.16
CIRCUIT COURT HOLDING: Services performed by the claimant through a co-op program were excluded from covered employment under the Michigan Employment Security Act.
Berlin v Northwestern National Life Insurance Co – 17.04
COURT OF APPEALS HOLDING: Claimant was not an independent contractor under the “economic reality” test enunciated in Powell v ESC, 345 Mich 455 (1956).
Farrell v Automobile Club of Michigan – 17.05
COURT OF APPEALS HOLDING: If the compensation depends upon Claimant’s efforts and a sale being brought to a conclusion, the compensation is a commission.
Socher v Allegan General Hospital – 17.01
Socher v Allegan General Hospital Digest no. 17.01 Section 42 Cite as: Socher v Allegan Gen Hosp, unpublished opinion of the Court of Appeals of Michigan, issued December 29, 1983 (Docket No. B81 07346 80683); lv den 422 Mich 882 (1985). Appeal pending: No Claimant: Robert Socher Employer: Allegan General Hospital Docket no.: B81 07346 80683 Date of… Read More »