Buitendorp v. Swiss Valley, Inc.
Cases that cite this one
1 later published case cites this decision.
- Sebastian Kuhlgert v. Michigan State University (Mich. Ct. App. 2019)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
Manuel BUITENDORP, Plaintiff-Appellee,
v.
SWISS VALLEY, INC., d/b/a Swiss Valley Ski Resort, and Auto-Owners Insurance Company, Defendants-Appellants.
Supreme Court of Michigan.
Order
On order of the Court, the application for leave to appeal the May 8, 2009 order of the Court of Appeals is considered and, pursuant to MCR 7.302(H)(1), in lieu of *51 granting leave to appeal, we VACATE the decision of the Workers' Compensation Appellate Commission (WCAC) and REMAND this case to the worker's compensation Board of Magistrates for reconsideration under the proper legal standard. The magistrate and WCAC employed an improper legal framework in analyzing the facts of this case by assessing whether the major purpose of the plaintiffs overall activities were work-related. Under MCL 418.301(3) and Eversman v. Concrete Cutting & Breaking, 463 Mich. 86, 614 N.W.2d 862 (2000), the major purpose of the plaintiffs activity at the time of injury determines whether the social or recreational bar applies.
We do not retain jurisdiction.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.