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Swantek v Automobile Club of Michigan; (COA-PUB, 8/24/1982; RB #570)

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Michigan Court of Appeals; Docket No. 58776; Published  
Judges Maher, Bronson, and Snow; Unanimous  
Official Michigan Reporter Citation: 118 Mich App 807; Link to Opinion alt    


STATUTORY INDEXING:  
Allowable Expenses for Medical Transportation Mileage [§3107(1)(a)]

TOPICAL INDEXING:
Legislative Purpose and Intent    


CASE SUMMARY:   
In a case of first impression, the Court of Appeals, per Judge Bronson, unanimously held that pursuant to §3107(a), a no-fault insurer has a statutory obligation to pay an injured person's reasonable transportation expenses "when those expenses are incurred in an effort to obtain medical treatment." Citing its previous opinion in Visconti v DAIIE, item number 201, the Court analogized the No-Fault Act with the worker's compensation statute and characterized both statutes as "remedial no-fault systems." The Court stated, "§3107(a) is similar to the analogous 'allowable medical expense' provision in the Workers' Compensation Act (MCLA 418.315). We think the intent of the legislature in enacting the medical expense provisions of the two statutes was the same. To effectuate the legislative intent, the two provisions should be interpreted in the same manner." The Court did not express any opinion as to what constituted "reasonable" charges.

[Author's Comment: The holding in this case is consistent with the conclusion in Attorney General Opinion No. 5990, item number 483.]


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