Michigan Court of Appeals; Docket No. 99312; Published
Judges Wahls, Beasley, and Burress; Unanimous
Official Michigan Reporter Citation: 167 Mich App 83; Link to Opinion 
STATUTORY INDEXING:
Work Loss Benefits: Calculation of Benefits [§3107(1)(b)]
TOPICAL INDEXING:
Workers Disability Compensation Act (MCL 418.1, et seq.)
CASE SUMMARY:
This unanimous Opinion by Judge Wahls deals with the calculation of no-fault work loss benefits regarding a plaintiff who was performing favored work and was also receiving workers' compensation benefits. The court of appeals reversed the circuit court and held that the plaintiff’s work loss benefits are to be calculated as follows: plaintiff’s actual loss of income minus 15% is then reduced by the monthly wages earned by plaintiff in his post-injury favored employment, minus any workers' compensation benefits received by plaintiff during the same period. For example, plaintiff’s gross monthly income before his accident was $3,302.56. This amount minus 15% equals $2,807.18 — a figure that is higher than the statutory maximum of $2,252 applicable at the time of plaintiff s injury. Therefore, plaintiff’s maximum no-fault work loss benefit would be $2,252 before any deductions. After plaintiff’s accident, he was given "favored work" which resulted in a monthly income of $1,157 per month. This figure is then deducted from the monthly maximum of $2,252 per month, leaving a net of $1,095 per month. This figure is then reduced by the amount of workers' compensation plaintiff was receiving during his partial disability. This amount was disputed by the parties. Plaintiff contends that he was receiving $1,008.37 per month in workers' compensation benefits, whole defendant contends plaintiff’s monthly workers' compensation was $1,115.84. If plaintiff s figures are correct, plaintiff is entitled to a net monthly no-fault work loss benefit of $86.63 per month. If defendant's figure is correct, plaintiff is entitled to no benefits.
