Attorney General Opinion No. 5990; (AGO-PUB, 10/2/1981; RB #483)

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Attorney General Opinion, Frank J. Kelley, Attorney General;    
Opinion No. 5990; October 2, 1981  
MTLA File No. 2575    


STATUTORY INDEXING:  
Allowable Expenses for Medical Transportation Mileage [§3107(1)(a)]

TOPICAL INDEXING:
Not Applicable    


CASE SUMMARY:  
In this formal Opinion, Attorney General Frank J. Kelley concluded that travel expenses incurred by an individual for medical purposes as a result of an automobile accident were compensable as "allowable expenses" under §3107(a) of the No-Fault Act. Attorney General Kelley noted mat in the case of Visconti v DAIIE, it was recognized that the provisions of the No-Fault Act are similar to the Workers' Compensation Act and, under the latter, travel expenses incurred for necessary medical care were a compensable benefit. The Opinion went on to state the proper mileage allowance under the No-Fault Act "is within the rule making power of the Commissioner of Insurance and guidance as to its meaning may be carried out by a rule promulgator pursuant to the provisions of the Michigan Administrative Procedures Act. . . . It is my opinion, therefore, that in the absence of a statute, court decision, or rule specifically setting forth allowable travel expenses under the Michigan No-Fault Insurance Act, the state travel reimbursement rates may furnish reasonable guidance."