Michigan Court of Appeals; Docket No. 78-872; Published
Judges Brennan, Bashara, and Maher
Official Michigan Reporter Citation: 90 Mich App 477; Link to Opinion 
STATUTORY INDEXING:
Replacement Service Expense Benefits: Nature of the Benefit [§3107(1)(c)]
TOPICAL INDEXING:
Legislative Purpose and Intent
CASE SUMMARY:
In a significant decision regarding replacement service expenses under §3107(b) of the statute, the Court of Appeals unanimously held that the wife of an injured plaintiff who quit her employment to care for her plaintiff/husband who was disabled as a result of an auto accident, was entitled to recover replacement service expenses at the rate of $20 per day for the 130 day period of the husband's disability.
The Court of Appeals analogized to a similar provision on the workers' compensation statute MCLA 418.3(5) providing that an employer must furnish certain services to an individual injured in the course of employment The Court noted that appellate case law dealing with this provision of the comp act had recognized the right of a wife to charge for certain care and recovery expenses provided to an injured spouse. The Court noted that both the workers' comp statute and the no-fault statute are "no-fault systems" and thus it is reasonable to interpret the two statutes in a similar manner. Accordingly, the wife was permitted to recover $20 per day in caring for her injured spouse.
