In 1992, the Court of Appeals in Amerisure Insurance Cos. v. Time Auto Transportation, Inc.
, held that under the Worker's Disability Compensation Act, a person was an independent contractor, not an "employee," if any one of three criteria were met: 1. they maintained a separate business; 2. they served the public; 3. they qualified as an employer. 196 Mich App 569; 493 NW2d 482 (1992). Earlier this year, a panel in Auto-Owners Ins Co v. All Star Lawn Specialists Plus, Inc.
but disagreed with its reasoning, stating that unless the person maintains a separate business, holds themselves out to the public, and
is an employer, they should qualify as an "employee" under the WDCA. A special 7-judge panel convened under MCR 7.215(J) to resolve the conflict. In an opinion
joined by 4 of the judges, the special panel overruled Amerisure
and held that all three of Amerisure
's criteria must be met before a person is "divested of 'employee' status." Read More