Tree service avoids paying workers compensation to employee

DJ's Professional Tree Service employed Tony Booth. [Perhaps that name "Professional" should be in quotation marks, given the facts of this case.] On April 22, 2009, Booth was injured at work.  Parenthetically, according to workers compensation records, tree trimming and lumbering consitutes one of the most dangerous occupations in Michigan. 

When Booth sought medical coverage and partial lost wages, he was informed that DJ's "Professional" does not carry workers compensation coverage. Booth sued to compel payment under the Workers Disability Compensation Act directly from the employer.  The Court rejected his claim, finding that DJ's "Professional" was exempt from the Act because it did not "regularly" employ three persons during the preceding 56 weeks.