Frank J. Kelley, Attorney General
Opinion No. 5673; April 1, 1980;
MTLA File No. 1973
STATUTORY INDEXING:
Work Loss Benefits: Nature of the Benefit [§3107(1)(b)]
Work Loss Benefits: Calculation of Benefits [§3107(1)(b)]
Wage Loss for Temporarily Unemployed Persons / Qualifications [§3107a]
TOPICAL INDEXING:
Not Applicable
CASE SUMMARY:
In a written Opinion, Attorney General Frank Kelly ruled that a school teacher may collect no-fault insurance work loss benefits during the summer in which the accident occurs if summer employment was being performed, or if the school teacher would be employed during the summer if the accident had not occurred, or if the teacher is usually employed during the summer. The opinion reasoned that appellate cases dealing with no-fault work loss benefits "establish the principal that there must be an actual work loss if a recovery is to be had. . . .In the case of teachers, there is no actual loss of income during the summer months unless the teacher is employed during those months." The opinion went on to say that benefits would have to be calculated based upon nine and one half months of work at the rate of pay commencing in September with the assumption that there are no earnings during the summer months unless the teacher was engaged in summer employment or demonstrates such employment would have occurred: The teacher may request the benefits be paid only during the nine and one half working months or, that the benefits be paid over the entire year if the shorter duration would result in "a lower total payment due to the statutory cap on benefits." If the teacher had been engaged in summer employment or demonstrates a likelihood of such an employment, the teacher would be entitled to collect during the three years following the accident both work loss benefits for the employment as a teacher and for summer employment.
The Opinion also concluded that a teacher is not a "temporarily unemployed" person within the meaning of §3107a. School district employees are not unemployed during the summer and benefits such as health insurance and life insurance continue during this period. There is no break in the employment relationship with the school district.
