Michigan Court of Appeals; Docket No. 194390; Unpublished
Judges Kelly, Cavanagh, and Lambros; Unanimous; Per Curiam
Official Michigan Reporter Citation: Not Applicable; Link to Opinion 
STATUTORY INDEXING:
State Workers Compensation Benefits [§3109(1)]
Reimbursement of Member Claims [§3104]
TOPICAL INDEXING:
Workers Disability Compensation Act (MCL 418.1, et seq.)
CASE SUMMARY:
In this unanimous unpublished per curiam Opinion, the Court of Appeals ruled that a no-fault PIP insurer was not entitled to reimbursement from the Catastrophic Claims Association for PIP benefits it paid to an injured person who was entitled to workers' compensation benefits for his injury. The Catastrophic Claims Association refused to reimburse the PIP carrier because the benefits paid by the PIP carrier should have been paid by workers' compensation. The Court of Appeals affirmed the trial court's ruling that the injured person's injuries arose out of and in the course of his employment and that he was entitled to workers' compensation benefits, thereby precluding plaintiff from reimbursement from the Catastrophic Claims Association. However, the trial court did not address plaintiff’s claim that workers' compensation would have been barred because the driver committed "intentional and willful misconduct" by driving his employer's vehicle while intoxicated. The Court of Appeals agreed that that issue should be dealt with on remand, and retained jurisdiction to review the matter after the trial court determined this issue.
