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GILBERT v. SECOND INJURY FUND

Docket No. 206733.

603 N.W.2d 104 (1999)

237 Mich. App. 101

Kevin GILBERT, Ronald L. Kerber, Rodney D. Kerber, Farm Bureau Mutual Insurance Company, Plaintiffs-Appellants, v. SECOND INJURY FUND, Defendant-Appellee.

Court of Appeals of Michigan.

Decided August 13, 1999, at 9:00 a.m.

Released for Publication November 19, 1999.

Attorney(s) appearing for the Case

Munroe and Nobach, P.C. (by Douglas S. Campbell), East Lansing, for the plaintiffs.

Jennifer M. Granholm, Attorney General, Thomas L. Casey, Solicitor General, and Morrison Zack, Assistant Attorney General, for the Second Injury Fund.

Before: MARKEY, P.J., and McDONALD and FITZGERALD, JJ.

PER CURIAM.

This worker's compensation case concerns the application of the dual employment provisions in M.C.L. § 418.372; MSA 17.237(372). Because under the stipulated facts of this case the employee, Kevin Gilbert, was injured in the course of his employment with an employer that did not report Gilbert's wages to the Internal Revenue Service, the magistrate and the Worker's Compensation Appellate Commission (WCAC) concluded that it was impossible to apportion...

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