Order Michigan Supreme Court
Lansing, Michigan
December 29, 2006 Clifford W. Taylor,
Chief Justice
132104 Michael F. Cavanagh
Elizabeth A. Weaver
Marilyn Kelly
Maura D. Corrigan
JAMES B. BOWMAN, Robert P. Young, Jr.
Plaintiff, Stephen J. Markman,
Justices
and
AUTO CLUB INSURANCE ASSOCIATION,
Intervening Plaintiff-Appellee,
v SC: 132104
COA: 258518
WCAC: 02-000455
R.L. COOLSAET CONSTRUCTION COMPANY
and LIBERTY MUTUAL FIRE INSURANCE
COMPANY,
Defendants-Appellees,
and
SECOND INJURY FUND,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the August 8, 2006
judgment of the Court of Appeals is considered and, pursuant to MCR 7.302(G)(1), in
lieu of granting leave to appeal, we REVERSE the judgment of the Court of Appeals and
we REMAND this case to the Court of Appeals to address the intervening plaintiff’s
remaining arguments. The Court of Appeals erred by adopting the “traveling employee”
doctrine under the circumstances of this case. Here, the employee was traveling from his
worksite to his home for the time being at the time of his injury. The general rule, that
injuries sustained by an employee while going to or coming from work are not
compensable, is applicable even when an employee’s residence is temporary because of a
particular job assignment. Graham v Somerville Construction Co, 336 Mich 359 (1953).
CAVANAGH and KELLY, JJ., would grant leave to appeal.
I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the
foregoing is a true and complete copy of the order entered at the direction of the Court.
December 29, 2006 _________________________________________
t1220 Clerk
James Bowman v. R L Coolsaet Construction Company
Combined Opinion