Muskegon County Circuit Court; Docket No. 81-15257-AV
Judge John H. Piercey
Official Reporter Citation: Not Applicable; Link to Opinion 
STATUTORY INDEXING:
Work Loss Benefits: Nature of the Benefit [§3107(1)(b)]
TOPICAL INDEXING:
Not Applicable
CASE SUMMARY:
In this written Opinion, Circuit Judge John Piercey reverses the District Court decision summarized in item 387. Leave to appeal was denied by the Court of Appeals on December 13,1981 and February 16, 1982 and application for leave to appeal was also denied by the Supreme Court on December 29,1982.
This case dealt with a plaintiff who, prior to sustaining a disabling injury in an automobile accident, had a very poor attendance record at work. Subsequent to the accident, she was off work for an additional six months as a result of auto accident injuries. When she was certified to return to work, she was immediately notified by her employer that due to "excessive absenteeism” she was terminated.
In reversing the District Court, Judge Piercey ruled that based upon Nawrocki v Hawkeye Security Insurance Company (item number 76), no-fault benefits were available to the plaintiff if her loss of work was a “direct consequence of the injury” Judge Piercey stated, "It is well documented that plaintiff had a serious absentee problem ….It is quite apparent from the record that, had the plaintiff not been involved in the accident, nor been disabled, and had not missed any more time since then, she might still be at [her place of employment]".
