Michigan Court of Appeals; Docket No. 102481; Unpublished
Judges Beasley, Sawyer, and Weaver; Unanimous; Per Curiam
Official Michigan Reporter Citation: Not Applicable; Link to Opinion
STATUTORY INDEXING:
One-Year Back Rule Limitation [§3145(1)]
TOPICAL INDEXING:
Not Applicable
CASE SUMMARY:
In this unanimous per curiam Opinion, the Court of Appeals affirmed dismissal of plaintiff’s claim for recovery of an improper setoff taken for plaintiff’s Social Security retirement benefits. Plaintiff did not discover that the setoff had been improperly taken by the insurance company until after the one-year statute of limitations had expired on the most recent allowable work losses. Under the provisions of §3145, the Court of Appeals held that plaintiff’s action was untimely.