Michigan Court of Appeals; Docket No. 89634; Published
Judges R.B. Burns, Gribbs, and Davis; Unanimous; Per Curiam
Official Michigan Reporter Citation: 159 Mich App 734; Link to Opinion 
STATUTORY INDEXING:
Work Loss Benefits: Calculation of Benefits [§3107(1)(b)]
Work Loss Benefits: Loss of Earning Capacity [§3107(1)(b)]
Wage Loss for Temporarily Unemployed Persons / Qualifications [§3107a]
Calculation of Wage Loss for Temporarily Unemployed Persons [§3107a]
TOPICAL INDEXING:
Not Applicable
CASE SUMMARY:
In this unanimous per curiam opinion interpreting the "temporarily unemployed" provisions of §3107a, the Court of Appeals held that a plaintiff who was only seasonally employed, was not entitled to have his benefits computed under §3107a, which awards benefits "based on earned income for the last month employed full-time preceding the accident." The Court held that plaintiff was more accurately described as a "temporarily employed" person. Even though he worked a full 40 hour plus work week when employed, he was not employed on a full time basis. Therefore, his benefits must be determined in accordance with §3107(b) which requires a showing of actual loss of income from work that "would have been" performed. With regard to seasonally employed workers availing themselves of the provisions of §3107a, the Court stated, "similarly, with regard to persons employed for 40 hours per week for certain periods during the year, this Court has rejected the computation of benefits as plaintiff urges here in the case of a college student, who although employed full time in the summer, could not show he would be so employed during the school year. Kennedy v Auto Owners (Item No. 129) ... Plaintiff’s unemployment was not temporary. Instead, any employment plaintiff obtained was temporary and, as noted by the trial court, his unemployment was foreseeable and a part of his general economic condition . . . . .This Court need not concern itself today with deciding at what point a history of past employment raises a question of material fact as to whether benefits should be computed under §3107a on the basis of a claimant's last full-time employment."
