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Injured man is denied PIP benefits: he is an "employee" even without being employed

Jordan Porter was hurt while driving a truck owned by Losey's Lawn & Landscape business.  A tire blew, causing the accident and injuries while Porter was using a Losey's dump truck to transport stone.  Porter wasn't a regular employee of Losey's and apparently wasn't "on the clock" when this event occurred.  He argued that as a result, he was entitled to collect PIP benefits from Losey's auto insurer and was not limited to workers compensation benefits (partial pay and medical). 

State Farm argued that Porter was an "employee" because a recent Michigan Supreme Court case had held that anyone who does not maintain a separate business, does not render a service to the public, and is not an "employer," is limited to the collection of workers comp benefits if injured in the trade or business of another.  Judges Kirsten Kelly, Cavanagh and Saad ruled that Porter was limited to comp benefits, and could not recover for his full damages, despite the fact that he was not actually "employed" by Losey's and that he operated his own power-washing business.

Thompson O’Neil, P.C.
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Traverse City, Michigan 49684
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