Macomb County Circuit Court; Docket 5955-NI; Unpublished
Judge Edward J. Gallagher
Official Michigan Reporter Citation: Not Applicable; Link to Opinion 
STATUTORY INDEXING:
Standards for Deductibility of State and Federal Governmental Benefits [§3109(1)]
Veterans / Military Benefits [§3109(1)]
TOPICAL INDEXING:
Not Applicable
CASE SUMMARY:
In a written Opinion, Judge Gallagher ruled that medical expense and disability benefits received by plaintiff from the United States Army and Veterans Administration as a result of injuries received by plaintiff in an automobile accident while in the military service can be offset against the no-fault insurer's obligation to pay PIP benefits. Judge Gallagher ruled that such a setoff is permitted under §3109(1) of the statute and the interpretation of that section in the Supreme Court's decision in O’Donnell v. State Farm (item number 142). Judge Gallagher noted that while the benefits are different from Social Security benefits in that they originate from a different governmental source, the test of O'Donnell is still satisfied in light of the fact that benefits are paid as a result of the same accident and duplicate the available no-fault benefits.
