Michigan Court of Appeals; Docket No.133528; Unpublished
Judges Connor, Holbrook, and McDonald; Unanimous; Per Curiam
Official Michigan Reporter Citation: Not Applicable; Link to Opinion 
STATUTORY INDEXING:
Work Loss Benefits: Nature of the Benefit [§3107(1)(b)]
Work Loss Benefits: Relevance of Wage Continuation Benefits [§3107(1)(b)]
TOPICAL INDEXING:
Not Applicable
CASE SUMMARY:
In this unanimous per curiam Opinion, the Court of Appeals held that an injured automobile accident victim did not lose the right to recover no-fault wage loss benefits under §3107(b) where the injured person's employer paid "gratuitous wages" while the employee was off of work as a result of a car accident. The court relied on the earlier decisions in Brashear v DAIIE (Item No. 860) and Spencer v Hartford Accident & Indemnity Company (Item No. 1286). The court rejected the defendant's reliance upon Coates v Michigan Mutual Insurance Company (Item No. 397) and Adams v Auto Club Insurance Association (Item No. 950). The court found there was no genuine issue of material fact with regard to the claim that plaintiff was disabled from employment as a result of the accident and that plaintiff had not worked during the period of her disability. Therefore, plaintiff is entitled to wage loss benefits, regardless of the gratuitous payments paid by plaintiff's employer.
