EVERSMAN v. CONCRETE CUTTING & BREAKING

Docket No. 183948.

568 N.W.2d 387 (1997)

224 Mich. App. 221

Harry EVERSMAN, Plaintiff-Appellant, v. CONCRETE CUTTING & BREAKING and Transamerica Insurance Company, Defendants-Appellees, and Auto-Owners Insurance Company, Intervening Plaintiff-Appellant.

Court of Appeals of Michigan.

Decided June 17, 1997, at 9:05 a.m.

Released for Publication September 11, 1997.


Attorney(s) appearing for the Case

Jensen & Stuart by D. Scott Stuart and Joseph L. Milanowski, Grand Rapids, for Plaintiff-Appellant.

Wheeler Upham, P.C. by Gary A. Maximiuk and Jack L. Hoffman, Grand Rapids, for Auto-Owners Insurance Company.

Lacey & Jones by Gerald M. Marcinkoski, Birmingham, for Defendants-Appellees.

Before REILLY, P.J., and MacKENZIE, and B.K. ZAHRA , JJ.


PER CURIAM.

Plaintiff appeals by leave granted from an order of the Worker's Compensation Appellate Commission (WCAC) denying worker's compensation benefits and reversing a magistrate's open award of benefits. We reverse and remand.

Plaintiff operated a special machine designed to cut and break concrete, and his job required him to travel to various work sites. In July 1990, plaintiff went on a multi-day assignment that took him to several states, including...

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