United States District Court, Eastern District of Michigan; Docket No. 78-73195; Unpublished
Judge Churchill
Official Michigan Reporter Citation: Not Applicable; Link to Opinion 
STATUTORY INDEXING:
Not Applicable
TOPICAL INDEXING:
Not Applicable
CASE SUMMARY:
In a decision summarized in a letter to the author, Judge Churchill held that a cause of action under the FELA was not subtractible from no-fault benefits under §3109(1) of the statute. Judge Churchill held that FELA do not automatically provide benefits or require that benefits be provided under the federal law. It only defines a cause of action for negligence against the employer. Therefore, it is not like workers compensation and it is not the employer's exclusive remedy. Even if such benefits are recovered, they would not be a subtraction from available no-fault benefits. The Court left unresolved whether or not the no-fault carrier would be entitled to subrogation in the FELA case to the extent of any economic losses paid to plaintiff. Finally, Judge Churchill held that any monies that plaintiff recovers under the Railroad Retirement Act by reason of his injury would be a setoff against no-fault benefits.
