Michigan Court of Appeals; Docket No. 78-528; Published
Judges R. B. Burns, Allen, and MacKenzie; 2-1
Official Reporter Citation: 90 Mich App 668; Link to Opinion 
STATUTORY INDEXING:
Exception for Employer Provided Vehicles [§3114(3)]
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 a 2-1 decision, the majority of this panel of the Court of Appeals expressly rejected the holding in Mathis v Interstate (item number 28) and held that where an employee is injured during the course of his employment while an occupant of his employer's vehicle, the employee may recover no-fault benefits directly from the employer's no-fault insurer pursuant to §3114(3), despite the exclusive remedy provisions of the worker's compensation statute. In so holding, the majority expressly adopted Judge Allen's dissenting opinion in the Ottenwess decision (item number 94). The plaintiff in this particular case was injured while unloading a trailer at a loading dock.
In addition to the above holding, the Court also ruled that the no-fault benefits recovered from the employer's no-fault carrier may be reduced by the amounts paid in workers' compensation benefits as permitted by §3109(1) of the statute. As to this second issue, the Court felt that the Supreme Court's opinion in the O'Donnell decision (item number 142) supported the validity of such a setoff.
Judge R. B. Burns dissented on the Mathis issue. His dissent is consistent with the position he took as a member of the Mathis and Ottenwess panels.
