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BROWN v. AJAX PAVING INDUSTRIES, INC.

No. 11-1391.

752 F.3d 656 (2014)

Jay BROWN, Plaintiff-Appellant, v. AJAX PAVING INDUSTRIES, INC.; American Contractors Insurance Group, Inc.; Ward North America, LP; Vericlaim, Inc.; Novapro Risk Solutions, LP; Novapro U.S. Risk, LLC; Paul Drouillard, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

May 19, 2014.

Attorney(s) appearing for the Case

ON BRIEF: Marshall Lasser , Marshall Lasser, P.C., Southfield, Michigan, for Appellant. James J. Urban , Paul M. Mersino , Butzel Long, Lansing, Michigan for Appellee Ajax Paving. Joseph A. Fink , Jeffery V. Stuckey , D. Lee Khachaturian , Dickinson Wright PLLC, Lansing, Michigan, for Appellees American Contractors, Ward North, VeriClaim and NovaPro. Daniel B. Tukel , Butzel Long, Detroit, Michigan, Michael F. Smith , The Smith Appellate Law Firm, Washington, D.C., for Appellee Drouillard.

BEFORE: SUTTON and COOK, Circuit Judges; MARBLEY, District Judge.

OPINION

SUTTON, Circuit Judge.

This case began as a dispute over who should pay for Jay Brown's shoulder injury. Brown claimed that he suffered the injury while paving a road for his employer Ajax Paving, and that the company as a result owed him workers' compensation. At the workers' compensation hearing, however, Ajax introduced medical testimony suggesting that the injury occurred outside of work. While the case remained pending before the Michigan administrative...

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