HOSTE v. SHANTY CREEK MANAGEMENT, INC.

Docket No. 108599, Calendar No. 9.

592 N.W.2d 360 (1999)

Lawrence J. HOSTE, Plaintiff-Appellee, v. SHANTY CREEK MANAGEMENT, INC., Hartford Insurance Group, and The Second Injury Fund (Dual Employment and Total and Permanent Provisions), Defendants-Appellants.

Supreme Court of Michigan.

Decided May 4, 1999.


Attorney(s) appearing for the Case

Moceri, Hoste & Bejin, P.C. (by Douglas W. Hoste) Mount Clemens, MI, Daryl Royal, of counsel, Dearborn, MI, for the plaintiff-appellee.

Cox, Hodgman & Giarmarco (by Marsha M. Woods and Wendy Zimmer Linehan), Troy, MI, for the defendants-appellants.

Frank J. Kelley, Attorney General, Thomas L. Casey, Solicitor General, and Mitchell J. Wood and Caleb B. Martin, Jr., Assistant Attorneys General, Lansing, MI, for Second Injury Fund.

Health Care Legal Group, P.C. (by Frank Shoemaker), Lansing, MI, amicus curiae, for Michigan Health and Hospital Association.


Opinion

TAYLOR, J.

Plaintiff, a member of the National Ski Patrol System, Inc. (NSPS),1 suffered an injury while "forerunning" a course at Shanty Creek Management Inc.'s Schuss Mountain ski resort in advance of a race. We granted leave to appeal to decide whether plaintiff was an "employee" as defined under the Worker's Disability Compensation Act of defendant Shanty Creek at the time of the injury. We hold that plaintiff was...

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