Michigan Court of Appeals; Docket No. 47938; Published
Judges Bashara, Riley, and Quinnell; Unanimous; Per Curiam
Official Michigan Reporter Citation: 100 Mich App 284; Link to Opinion
STATUTORY INDEXING:
Workers Comp Liens Regarding Auto Tort Claims [§3116]
TOPICAL INDEXING:
Workers Disability Compensation Act (MCL 418.1, et seq.)
CASE SUMMARY:
In a per curiam Opinion consistent with several other opinions by the Court of Appeals, it was held that a workers' comp insurance carrier was not entitled to obtain reimbursement for comp benefits it paid to plaintiff out of a plaintiff's right to recover noneconomic losses in tort under the No-Fault Act. The Court noted that "although the party may recover noneconomic damages, an insurer who has paid only economic benefits may not."
[Author's Comment: This decision is consistent with Great American v Queen (item number 125), Reliance v Messina (item number 93), and Flower v Gensterblum (item number 126).]