Eaton County Circuit Court; Docket No. 81-982-CZ; Unpublished
Judge Richard Robinson; Written Opinion
Official Michigan Reporter Citation: Not Applicable; Link to Opinion
STATUTORY INDEXING:
Nature of Survivor’s Loss Benefits [§3108(1)]
Calculation of Survivor’s Loss Benefits and Maximums [§3108(1)]
Dependents [§3108(1)]
TOPICAL INDEXING:
Social Welfare Act – Medicaid (MCL 400.1, et seq.)
CASE SUMMARY:
In this written opinion, Judge Richard Robinson ruled that ADC benefits and food stamp benefits received by decedent at the time of her death, do not entitle decedent's children to recover survivor's loss benefits under the No-Fault Act. Although ADC benefits and food stamp benefits may be "tangible things of economic value, they are not contributed by the decedent as required by the statute. Rather, they are contributed by the government In addition; the Court noted that it would seem that if the children are still dependent upon the decedent, they would continue to be entitled to receive the same amount of public assistance benefits as they were receiving prior to their mother's death. Thus, survivor's loss benefits were not recoverable.