70th District Court for Saginaw County; Docket No. 81-CV-1901(1)
Judge Daniel R. Webber; Unpublished
Official Michigan Reporter Citation: Not Applicable; Link to Opinion 
STATUTORY INDEXING:
Work Loss Benefits: Calculation of Benefits [§3107(1)(b)]
TOPICAL INDEXING:
Not Applicable
CASE SUMMARY:
In a bench trial heard on stipulated facts, Judge Webber found that a plaintiff who lost a total of one week's wages which totaled $884 but who earned more than the monthly maximum in the remaining portion of the 30 day period, was nevertheless entitled to recover one week of lost wages subject to the maximum monthly limitation prorated for that specific week. The 30 day maximum which was applicable to this loss of $1,632. Plaintiff took the position that even though he earned in excess of that amount during the month of his injury, he was still entitled to recover one quarter ($408) for the one week of lost income which was the result of his auto accident injury. The statutory section in question was §3107(b) which contains a sentence that reads, "The benefits payable for work loss sustained in a single 30 day period and the income earned by an injured person for work during the same period together shall not exceed [$1,632], which maximum shall apply pro rata to any lesser period of work loss." Because of the fact that plaintiff did not have any earned income during the one week period of his absence, he was entitled to the maximum wage loss for that one week prorated at the monthly maximum rate. In addition, Judge Webber held that the plaintiff was entitled to attorney fees at the rate of $75 per hour in prosecuting the case.
