Attorney General Opinion, Frank J. Kelley, Attorney General;
Opinion No. 5990; October 2, 1981
MTLA File No. 2575
STATUTORY INDEXING:
Allowable Expenses for Medical Transportation Mileage [§3107(1)(a)]
TOPICAL INDEXING:
Not Applicable
CASE SUMMARY:
In this formal Opinion, Attorney General Frank J. Kelley concluded that travel expenses incurred by an individual for medical purposes as a result of an automobile accident were compensable as "allowable expenses" under §3107(a) of the No-Fault Act. Attorney General Kelley noted mat in the case of Visconti v DAIIE, it was recognized that the provisions of the No-Fault Act are similar to the Workers' Compensation Act and, under the latter, travel expenses incurred for necessary medical care were a compensable benefit. The Opinion went on to state the proper mileage allowance under the No-Fault Act "is within the rule making power of the Commissioner of Insurance and guidance as to its meaning may be carried out by a rule promulgator pursuant to the provisions of the Michigan Administrative Procedures Act. . . . It is my opinion, therefore, that in the absence of a statute, court decision, or rule specifically setting forth allowable travel expenses under the Michigan No-Fault Insurance Act, the state travel reimbursement rates may furnish reasonable guidance."
