Michigan Court of Appeals; Docket No 105644; Published
Judges Holbrook, Jr., Murphy, and Grathwohl; Unanimous; Per Curiam
Official Michigan Reporter Citation: Not Applicable; Link to Opinion 
STATUTORY INDEXING:
Work Loss Benefits: Nature of the Benefit [§3107(1)(b)]
Wage Loss for Temporarily Unemployed Persons / Qualifications [§3107a]
TOPICAL INDEXING:
Not Applicable
CASE SUMMARY:
In this unanimous per curiam published Opinion, the Court of Appeals reversed the decision of the trial court granting summary disposition in favor of the defendant, and denying work loss benefits to plaintiff.
Plaintiff injured his ring finger while attempting to change a flat tire. This injury caused him to be unable to perform his job as an iron pourer at a foundry. Allstate paid work loss benefits to plaintiff for a little over a year, and then discontinued payments claiming that they were no longer required because plaintiff’s employer closed its factory.
The Court of Appeals interpreted plaintiff’s claim in light of the provisions of §3107a, which deals with the "temporarily unemployed" claimant. The court held that by statute, a person injured in an automobile accident can receive wage loss benefits from their no-fault insurer even if the insured person was temporarily unemployed at the time of the accident. Here, plaintiff should receive wage loss benefits as long as he is disabled for the statutory three year period. The statute treats plaintiff the same as an employee who is injured during a layoff. Since plaintiff’s claim is not unenforceable as a matter of law, the court reversed and remanded for further proceedings. The court also distinguished this case from the cases of Lubdera v Farm Bureau (Item No. 1095), and Smith v League General (Item No. 932), both of which involved plaintiffs who suffered work loss due to incarceration in prison.
