24th District Court; Docket No. 93 778 CC;
Honorable Michael T. Russell; Unpublished
Official Michigan Reporter Citation: Not Applicable; Link to Opinion
STATUTORY INDEXING:
Wage Loss for Temporarily Unemployed Persons / Qualifications [§3107a]
Calculation of Wage Loss for Temporarily Unemployed Persons [§3107a]
TOPICAL INDEXING:
Not Applicable
CASE SUMMARY:
In this case for no-fault first party work loss benefits, the court granted summary disposition in favor of the plaintiff insured, holding that she was entitled to receive work loss benefits for wages she would have earned but for auto accident injuries, at a job that plaintiff had taken subsequent to the automobile accident.
The plaintiff apparently was unemployed at the time of the automobile accident. Subsequent to sustaining injuries in a collision, plaintiff obtained employment where she had worked for a couple of months. However, plaintiff then found that she was unable to sustain her employment due to her automobile accident injuries. Plaintiffs claim for no-fault wage loss benefits was denied by the defendant insurance company which apparently contended that plaintiff was ineligible because she was not employed at the time of the accident. However, the court rejected this position, and granted summary disposition as to defendant insurance company's liability for work loss benefits based upon the wages plaintiff would have earned at the post-accident employment.