Michigan Supreme Court; Docket Nos:75371, 74598, Published
Opinion by Justice Levin
Official Michigan Reporter Citation: 424 Mich 83; Link to Opinion 
STATUTORY INDEXING:
Work Loss Benefits: Nature of the Benefit [§3107(1)(b)]
Work Loss Benefits: Loss of Earning Capacity [§3107(1)(b)]
TOPICAL INDEXING:
Legislative Purpose and Intent
CASE SUMMARY:
In this unanimous Opinion by Justice Levin, the Supreme Court held that damages for loss of earning capacity are not recoverable in tort under the no-fault act. The court ruled that damages for loss of earning capacity are economic damages, and, as such, "are recoverable in tort only, as provided in §3107 and §3135, for 'actual' work loss — actual loss of income from work an injured person would have performed if he had not been injured — when the loss of income exceeds the daily, monthly and three-year limitations."
Pursuant to the court's holding, the Court of Appeals decisions in Argenta (Item No. 742) was reversed, and in Ouellette (Item No. 817) was affirmed.