Michigan Court of Appeals; Docket No. 106439; Published
Judge Wahls, Reillym, and Allen; Unanimous; Per Curiam
Official Michigan Reporter Citation: 177 Mich app 740; Link to Opinion 
STATUTORY INDEXING:
Standards for Deductibility of State and Federal Governmental Benefits [§3109(1)]
State Workers Compensation Benefits [§3109(1)]
TOPICAL INDEXING:
Not Applicable
CASE SUMMARY:
In this unanimous per curiam Opinion, the Court of Appeals reversed the trial court and held that a no-fault insurance company writing an uncoordinated no-fault policy is entitled to deduct workers' compensation benefits paid to the injured plaintiff from the no-fault insurer's obligation to pay no-fault PIP benefits. Section 3109(1) clearly entitles an insured to such a setoff without regard to whether the plaintiff purchased a coordinated or uncoordinated no-fault policy. In addition, there is nothing in this particular insurance policy that would suggest that the setoff of governmentally paid benefits is limited only to coordinated policies. The plain import of the policy is that the governmental benefits setoff will apply to any benefits payable under the entire policy.
