Wayne County Circuit Court; Docket No. 77-728873-NI; Unpublished
Circuit Judge William J. Giovan; Written Opinion
Official Michigan Reporter Citation: Not Applicable: Link to Opinion 
STATUTORY INDEXING:
Standards for Deductibility of State and Federal Governmental Benefits [§3109(1)]
State Workers Compensation Benefits [§3109(1)]
TOPICAL INDEXING:
Workers Disability Compensation Act (MCL 418.1, et seq.)
CASE SUMMARY:
In this written Opinion, Judge Giovan held that a no-fault insurer may not offset that portion of a workers' compensation redemption received by plaintiff for a non-automobile accident injury against the jury verdict recovered by plaintiff for no-fault benefits arising out of an automobile accident Judge Giovan held that §3109(1) of the no-fault statute only permitted a setoff of those government benefits which are payable as a result of the same accident which causes payment of the no-fault benefits. In the case at bar, the plaintiff received a workers' compensation redemption for a non-automobile accident injury. Shortly thereafter, he was in an automobile accident which eventually resulted in a jury verdict in his favor for no-fault benefits. Some of the benefits covered the same period of time as the period for which the plaintiff received the workers' comp redemption. Nevertheless, because the workers' comp redemption was not payable because of the automobile accident which created the obligation to pay no-fault benefits, the no-fault carrier could not claim a setoff.
