28th District Court; Docket No. CA80 1140 GC(CK); Unpublished
Judge Donald C. Neitzel; Written Opinion
Official Michigan Reporter Citation: Not Applicable; Link to Opinion 
STATUTORY INDEXING:
Work Loss Benefits: Nature of the Benefit [§3107(1)(b)]
TOPICAL INDEXING:
Not Applicable
CASE SUMMARY:
In relying upon the Court of Appeals opinion in Nawrocki v Hawkeye Security (item number 76), Judge Neitzel instructed a District Court jury that an auto accident victim who was told by his doctors that he could go back to work but was unable to return because his employer did not have a position open for him, would be entitled to no-fault wage loss benefits if the jury found that at the time of his recovery he did, in fact, report back to work and there was no work available for him. Pursuant to this instruction, the jury returned a verdict in favor of the plaintiff for 33 months of the total 36 month wage loss disability period.