Detroit Medical Center Corp v Yff – 17.13

Detroit Medical Center Corp v Yff
Digest no. 17.13

Sections 42, 43(o)

Cite as: Detroit Medical Center Corp v Yff, Emmet Circuit Court, No. 97-4502-AE (June 18, 1998); lv den Mich App No. 213896 (December 30, 1998).

Appeal pending: No
Claimant: Michael Yff
Employer: Detroit Medical Center Corporation
Docket no.: L97-00001-2658
Date of decision: June 18, 1998

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CIRCUIT COURT HOLDING: Even though the primary function of the medical residency was to provide additional training, the claimant functioned as an employee. Furthermore, his services were not statutorily excluded.

FACTS: Claimant filed for unemployment benefits after completing his medical residency. He had worked for employer pursuant to a written contract for his services in exchange for compensation of $30,000+ per year with benefits. He was required by his contract to provide medical services to clients of employer at its facility.

DECISION: Claimant’s services are in covered employment under Section 42 and are not excluded under Section 43(o).

RATIONALE: Section 43(o)(5) does not apply to the claimant, claimant was not involved in an unemployment work-relief or work-training program financed by a governmental entity. Claimant worked under the express direction and control of the employer. Services provided by claimant fit the definition of employment in all pertinent respects.

Digest Author: Board of Review (original digest here)
Digest Updated:
7/99

Edward C Levy Co v MESC – 17.03

Edward C Levy Co v MESC
Digest no. 17.03

Section 42

Cite as: Edward C Levy Co v MESC, unpublished opinion of the Court of Appeals of Michigan, issued January 22, 1979 (Docket No. 78-1550).

Appeal pending: No
Claimant: Willie Dubose
Employer: Edward C. Levy Company
Docket no.: B75 12933 52171
Date of decision: January 22, 1979

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COURT OF APPEALS HOLDING: Where a truck owner-operator works almost exclusively for one company the claimant is an employee, even where the claimant considered himself or herself an independent contractor.

FACTS: The claimant, a truck owner-operator, considered himself an independent contractor. He worked for the Edward C. Levy Co. from 1962 to 1974. The claimant only performed services for other companies when Levy had no work for him.

DECISION: The claimant was an employee, and not an independent contractor.

RATIONALE: “There is little doubt that Mr. Dubose considered himself an independent contractor. However, his belief as to his status is not determinative. The Michigan Employment Security Act defines an employee, in part, as:

‘ … [A]n individual who by lease, contract, or arrangement places at the disposal of a person, firm, or corporation a piece of motor vehicle equipment and under a contract of hire, which provides for the individual’s control and direction, is engaged by the person, firm, or corporation to operate the motor vehicle equipment shall be deemed to be employment subject to this Act.’ MCL 421.42; MSA 17.545. Mr. Dubose certainly placed his trucks at plaintiff’s disposal and then operated them under the direction and control of plaintiff. It is true that plaintiff did not exercise direct day-to-day control over Mr. Dubose’s operation, but it did control the overall direction of Mr. Dubose’s employment situation.”

Digest Author: Board of Review (original digest here)
Digest Updated:
11/90