Michigan Court of Appeals; Docket No. 74182; Published
Judges Holbrook, Cynar, and Gillespie; Unanimous; Per Curiam
Official Michigan Reporter Citation: 141 Mich App 570; Link to Opinion 
STATUTORY INDEXING:
Workers Comp Liens Regarding Auto Tort Claims [§3116]
TOPICAL INDEXING:
Workers Disability Compensation Act (MCL 418.1, et seq.)
CASE SUMMARY:
This unanimous per curiam Opinion dealt with the right of a workers' compensation insurer to obtain reimbursement out of a plaintiff’s automobile tort recovery for monies it paid to plaintiff under the workers' compensation statute. Relying on the Supreme Court's opinion in Great American v Queen (Item No. 376), the court held that a workers' compensation carrier is entitled to reimbursement for those wage benefits it paid to plaintiff beyond the three-year anniversary date of the automobile accident which triggered payment of the comp benefits. As the Supreme Court held in Queen, supra, the comp carrier is not entitled to reimbursement for those benefits it paid which are a substitute for no-fault benefits that the injured worker would have received from his no-fault insurance company. However, to the extent that the comp carrier pays benefits which exceed in amount or duration those that would have been received by the worker from his no-fault carrier, the comp insurer is entitled to reimbursement. Therefore, the court stated "we find that plaintiff is entitled to reimbursement for those monies paid after the three-year no-fault limit and a credit for those amounts due, not to exceed the sum defendant was awarded by the tortfeasor." The rationale for the court's decision was "we cannot allow a result that provides defendant [the injured worker] with a double recovery."
