Ottawa County Circuit Court; Docket No 86-8168-NI; Unpublished
Judge Calvin Bosman; Written Opinion
Official Michigan Reporter Citation: Not Applicable; Link to Opinion 
STATUTORY INDEXING:
Standards for Deductibility of State and Federal Governmental Benefits [§3109(1)]
Other Benefits [§3109(1)]
TOPICAL INDEXING:
Not Applicable
CASE SUMMARY:
In this written Opinion, Judge Bosman held that the defendant no-fault insurer was not entitled, to a governmental benefit setoff under §3109(1) against plaintiff’s no-fault wage loss benefits where plaintiff, while on temporary duty with the Michigan National Guard, sustained an injury in an automobile accident, and as a result thereof, received "incapacitation pay benefits" from the National Guard because of his inability to perform temporary guard duty. The court held that the incapacitation pay did not "serve the same purpose as no-fault benefits." The incapacitation pay was intended to compensate plaintiff for his inability to perform National Guard duty. He would receive those benefits regardless of whether plaintiff had civilian employment or not. No-fault benefits, in contrast, are intended to compensate for loss of earnings which result from injury. Therefore, the Jarosz v DAIIE test has not been satisfied and, as a result, Auto Club is not entitled to a setoff.
