Michigan Court of Appeals; Docket No. 48361; Published
Judges R. B. Burns, MacKenzie, and Kallman; Unanimous
Official Michigan Reporter Citation: 103 Mich App 143; Link to Opinion 
STATUTORY INDEXING:
Workers Comp Liens Regarding Auto Tort Claims [§3116]
TOPICAL INDEXING:
Workers Disability Compensation Act (MCL 418.1, et seq.)
CASE SUMMARY:
In a unanimous Opinion by Judge Kallman, the Court of Appeals held consistent with the then existing great weight of authority, that a workers' compensation insurer was not entitled to be reimbursed out of a plaintiff’s third party automobile tort recovery. Judge Kallman reasoned that because the comp carrier paid purely economic losses and the tort recovery was for noneconomic damages, no reimbursement under the workers' comp lien law (MCLA 418.827) was permitted.