54-A Judicial District Court; Docket No. 79-33; Unpublished
Judge Patrick F. Cherry; 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 Cherry held that the phrase "required to be provided" in §3109(1) only permits a setoff of workers' compensation benefits where there is "a final judgment awarding such benefits or the actual receipt of such benefits." The court stated further that where plaintiff maintains that the workers' compensation claim has no merit, the no-fault insurance company has a right to require an assignment by plaintiff of the workers' comp claim before any award of no-fault benefits are required to be paid. This would permit the no-fault insurer to pursue the comp claim without forcing plaintiff to do so where plaintiff maintains the futility of such action.
