Michigan Court of Appeals; Docket No. 88737; Unpublished
Judges Walsh, Kelly, and Simon; Unanimous; Per Curiam
Official Michigan Reporter Citation: Not Applicable; Link to Opinion 
STATUTORY INDEXING:
Calculation of Wage Loss for Temporarily Unemployed Persons [§3107a]
Nature of Survivor’s Loss Benefits [§3108(1)]
Calculation of Survivor’s Loss Benefits and Maximums [§3108(1)]
TOPICAL INDEXING:
Not Applicable
CASE SUMMARY:
In this unanimous per curiam Opinion, the Court of Appeals held that claim for survivors' loss benefits under §3108 made by dependents of a "temporarily unemployed" decedent, may not be calculated based upon the formula set forth in §3107a as that provision has no application to death claims. Therefore, dependents of a temporarily unemployed decedent must base their survivors' loss claim upon what loss of support they "would have received," rather than upon the decedent's last month of full-time employment. The Court stated, "... the formula set forth in §3107a is applicable only to work loss benefits. Plaintiff’s recovery must be confined to what they would have received absent the automobile collision involving decedent."
