Smitter v Thornapple Township (June 19, 2013) is, in most respects, a typical opinion from the Michigan Supreme Court. The Court was presented with a question of statutory construction that affected the allocation of liability between Thornapple Township—the employer of the plaintiff/part-time firefighter—and the Second Injury Fund under the Worker’s Disability Compensation Act. The Court…

Distinguishing employees from independent contractors is a perennial issue for employers and courts alike. The Michigan Court of Appeals’ opinion in Elde v Castles Brothers, Inc, provides additional guidance on what makes a worker an “employee” under Michigan’s Worker’s Disability Compensation Act—even when that worker is listed as self-employed on 1099 tax forms. The panel…