Sections 42, 43(o)
COVERED EMPLOYMENT, Excluded employment, Medical residency
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 Corp.
Docket No. L97-00001-2658
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.
22, 16, d24: J