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SEASONAL EMPLOYEES - No benefits payable in the off season?</

On July 17, 2007, a panel of the Michigan Court of Appeals issued an unpublished opinion in the case of Raybon v DP Fox Football Holdings LLC (Case No. 268634, July, 17, 2007). The court held that a professional football player was not entitled to receive wage loss benefits during the off season. The court reasoned, under prior Michigan Supreme Court decisions in Haske, Sington, and Sweatt, that the football player's ""loss of wages must be attributable to his work-related injuries rather than to the end of the football season and that he cannot receive wage loss benefits for time in the off season when he would not otherwise be earning wages."" The magistrate had held that a football player should be treated no differently than other Michigan seasonal workers, such as school teachers, lifeguards, and restaurant workers in resort towns, and should be entitled to receive wage loss benefits during the off season. This case is important because it signals a possible change in the law. Also, it may apply to other types of seasonal workers, precluding them from receiving wage loss benefits during ""off seasons"" when work would not otherwise have been available. Full text of the opinion can be found at the following link: http://courtofappeals.mijud.net/documents/OPINIONS/FINAL/COA/20070717_C268634_51_268634.OPN.PDF

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