Michigan Court of Appeals; Docket No. 124582; Unpublished
Judges Corrigan, Weaver, and Connor; Per Curiam
Official Michigan Reporter Citation: Not Applicable; Link to Opinion 
STATUTORY INDEXING:
Wage Loss for Temporarily Unemployed Persons / Qualifications [§3107a]
TOPICAL INDEXING:
Not Applicable
CASE SUMMARY:
In this per curiam unpublished Opinion, the Court of Appeals interpreted the temporarily unemployed provisions of §3107a in a case where the injured person had last worked approximately 15 months prior to the date of the accident and was actively looking for work following his last employment. In response to plaintiffs motion for summary disposition on defendant's affirmative defense that plaintiff was not temporarily unemployed within the meaning of §3107a, the court held as a matter of law that plaintiff was temporarily unemployed and entitled to wage loss benefits.
The Court of Appeals reversed this ruling, holding that there was a genuine issue of material fact as to whether plaintiffs unemployment was temporary. To hold otherwise would require this court to establish a bright line rule relating only to the number of months for which plaintiff was unemployed prior to the accident, which the court felt was inappropriate. In other cases where a plaintiff’s temporary unemployment is at issue, the court has considered work history, duration of unemployment, plaintiffs stated intent to secure employment, and a wide variety of evidence supporting this intent. Therefore, summary disposition was inappropriate.
