Michigan Court of Appeals; Docket No. 94111; Published
Judges Danhof, McDonald, and Thomas; Unanimous; Per Curiam
Official Michigan Reporter Citation: 163 Mich App 828; Link to Opinion 
STATUTORY INDEXING:
Entitlement to PIP Benefits: Arising Out of / Causation Requirement [§3105(1)]
Standards for Deductibility of State and Federal Governmental Benefits [§3109(1)]
State Workers Compensation Benefits [§3109(1)]
TOPICAL INDEXING:
Workers Disability Compensation Act (MCL 418.1, et seq.)
CASE SUMMARY:
This unanimous per curiam Opinion is the second time this litigation has been appealed (see Item No. 734). After a jury verdict in favor of plaintiff, the Court of Appeals again reaffirmed its holding in McKim II that a myocardial infarction could be an "accidental bodily injury" under §3105 of the No-Fault Statute thereby entitling the victim to no-fault benefits if the jury so concludes based on the facts. There was no evidence that the jury verdict was based on insufficient evidence or that the instruction given was inadequate. Therefore, the jury verdict in favor of plaintiff on the myocardial infarction question was affirmed.
In the second holding, the Court relied upon the Supreme Court's opinion in Gregory v Tronsamerica (Item No. 934) that no-fault benefits are to be offset by the amount of workers' compensation benefits that are required to be paid by statute rather than the amount actually paid to plaintiff under a redemption agreement The Court held that it made no difference that plaintiff’s workers' compensation claim was disputed from the moment it was filed. The Court held, "The basis of the Gregory holding is that plaintiff need not be assured of entitlement to benefits, but need only have potential benefits 'available' to plaintiff under the workers' compensation act."
