Michigan Court of Appeals; Docket No. 43303; Published
Judges Bronson, Beasley, and Riley; Unanimous; Per Curiam
Official Michigan Reporter Citation: 98 Mich App 81; Link to Opinion 
STATUTORY INDEXING:
Nature of Survivor’s Loss Benefits [§3108(1)]
Dependents [§3108(1)]
Dependents in Other Scenarios [§3110(2)]
TOPICAL INDEXING:
Legislative Purpose and Intent
CASE SUMMARY:
In a unanimous per curiam Opinion the Court of Appeals held that under the terms of §3110(3) of the No-Fault Act, age and work experience are relevant in determining whether a claimant is a "dependent" by virtue of being physically or mentally incapacitated from earning. The Court stated, "Such considerations-undoubtedly can affect a person's ability to earn a living, and accordingly, have a bearing on the ultimate issue of dependency. The legislature could have chosen to restrict those factors relevant to a determination of incapacity to identifiable medical conditions as Congress has done in the Federal Social Security Act, but chose, wisely we think, not to do so. It is all too obvious that a person who is in generally acceptable physical condition may, nevertheless, be incapacitated from earning as a result of advanced age or employment experience due to-long years spent working in the home. While this sort of incapacity, as with a more recognizable physical or mental incapacity, may be overcome, during its existence it produces the same result and should therefore entitle one to the same benefits."
In so holding, the Court held that the parents of a deceased son were entitled to survivor's loss benefits as the "dependent" of the son. The decedent's father was 62 years-old and retired. The mother was in her late 50s and did not work outside of the home.
