Michigan Court of Appeals; Docket No. 152391; Unpublished
Judges Shepherd, Holbrook, Jr., and MacKenzie; Unanimous; Per Curiam
Official Michigan Reporter Citation: Not Applicable; Link to Opinion 
STATUTORY INDEXING:
Nature of Survivor’s Loss Benefits [§3108(1)]
Dependents [§3108(1)]
Dependents in Other Scenarios [§3110(2)]
Termination of Dependency [§3110(3)]
TOPICAL INDEXING:
Not Applicable
CASE SUMMARY:
In this unanimous unpublished per curiam Opinion, the Court of Appeals interpreted the survivor's loss provisions of §3108 with regard to the claims of the plaintiffs that they were dependents of their 31-year old son who was living at home with them, and who did not contribute financially to the support of the family home.
In denying benefits, the Court of Appeals noted that the father of the decedent was employed full-time and the mother of the decedent was working part-time at the time of his death. Neither plaintiff suffers from physical or mental disabilities. Since plaintiffs did not fit within the category of those conclusively presumed to be dependents, their status as dependents was determined under subsection 2 of §3110 which provides that questions of dependency shall be determined in accordance with the facts as they exist at the time of death in all other cases other than those involving dependent spouses or a child under the age of 18. Subsection 3 of §3110 provides that dependency of any other person terminates when that person reaches the age of 18, unless physically or mentally incapacitated from earning.
In this case, the Court of Appeals held that plaintiffs had provided nothing to support their factual allegation that they were dependents within the meaning of the statute.
