Michigan Court of Appeals; Docket No. 80725; Published
Judges Holbrook, Allen, and Thomas; Unanimous
Official Michigan Reporter Citation: 143 Mich App 112; Link to Opinion 
STATUTORY INDEXING:
Work Loss Benefits: Nature of the Benefit [§3107(1)(b)]
TOPICAL INDEXING:
Not Applicable
CASE SUMMARY:
In this unanimous Opinion by Judge Holbrook, the Court of Appeals reversed the trial court’s ruling that plaintiff was not entitled to work loss benefits during the seven-month period he was in jail but still physically disabled as a result of his accident Defendant argued that it was entitled to a suspension of its obligation to pay work loss benefits during mis period under the rationale of the Supreme Court's recent opinion in MacDonald v State Farm (Item No. 798). The Court of Appeals refused to extend the MacDonald case to this feet situation. The court stated, "If plaintiff had not been physically disabled from the auto accident, perhaps he would have qualified for a work release program. Nor do we find this dispositive. . . .We believe that this is simply a period of temporary unemployment and we will not equate physical inability to work with incarceration. The plaintiff has not suffered a permanent subsequent disabling injury as did the plaintiff in MacDonald. Were we to accept defendant's argument, that holding may be extended too far. What if plaintiff had elective surgery or went on an extended vacation; would he then lose his wage loss benefits?" Accordingly, the court remanded the case for trial to permit plaintiff the opportunity to show that he was only temporarily unemployed within the meaning of §3107(a).
