Michigan Court of Appeals; Docket No. 61593; Published
Judges Danhof, Gillis, and Deming; Unanimous
Official Michigan Reporter Citation: 124 Mich App 506; Link to Opinion 
STATUTORY INDEXING:
One-Year Notice Rule Limitation [§3145(1)]
Required Content of Notice / Sufficiency of Notice [§3145(1)]
TOPICAL INDEXING:
Workers Disability Compensation Act (MCL 418.1, et seq.)
CASE SUMMARY:
The plaintiff in this case was injured on the job while using an automobile. He sought to obtain no-fault and workers' compensation benefits from the defendant, who was self-insured for both types of benefits.
The Court of Appeals unanimously held that the act of plaintiff making a claim for workers' compensation benefits was insufficient notice of a potential claim for no-fault benefits under §3145 of the no-fault statute, and thus did not toll the one year statute of limitations. The Court held that the no-fault statute requires that notice of injury by given "by a person claiming to be entitled to benefits." In this case, the plaintiff did not claim to be entitled to no-fault benefits at the time he notified the self-insured defendant of his injury. Plaintiff claimed workers' compensation benefits only. Thus, the Court held, "Under the plain language of the statute, plaintiff’s notice of injury did not operate to extend the one year statute of limitations applicable to actions for no-fault benefits."
