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OXLEY v. DEPARTMENT OF MILITARY AFFAIRS

Docket No. 111508, Calendar No. 17.

597 N.W.2d 89 (1999)

460 Mich. 536

Claude OXLEY, Plaintiff-Appellee, v. DEPARTMENT OF MILITARY AFFAIRS, Defendant-Appellant.

Supreme Court of Michigan.

Decided July 20, 1999.

Attorney(s) appearing for the Case

Newton & Emmons, P.C. (by Gary C. Newton), Portage, for the plaintiff-appellee.

Jennifer M. Granholm, Attorney General, Thomas L. Casey, Solicitor General, and George H. Weller and Charles L. Jones, Assistant Attorneys General, Lansing, for the defendant-appellant.

TAYLOR, J.

At issue is whether plaintiff, Claude Oxley, allegedly injured in the course of his work as a National Guard technician, was a covered employee for purposes of the Worker's Disability Compensation Act (WDCA), M.C.L. § 418.101 et seq.; M.S.A. § 17.237(101) et seq. We conclude that Oxley, in his capacity as a civilian technician, was not in the service of the state and is therefore ineligible for benefits under M.C.L. § 418.161...

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