Michigan Court of Appeals; Docket No. 77-3287; Published
Judges R. B. Bums, Gillis, and Riley; 2-1 (With J. Riley Dissenting)
Official Michigan Reporter Citation: 83 Mich App 505; Link to Opinion 
STATUTORY INDEXING:
Standards for Deductibility of State and Federal Governmental Benefits [§3109(1)]
TOPICAL INDEXING:
Legislative Purpose and Intent
CASE SUMMARY:
In a 2-1 decision by Judge Gillis, this panel of the Court of Appeals held that the subtraction of governmental benefits from no-fault benefits under §3109(1) was not unconstitutional. The majority panel concurred with the decision in Smart v Citizens Mutual (item number 75).
Judge Riley dissented, contending that O'Donnell, Wysocki, et al were the correct statements of law and that governmental benefit subtractions were unconstitutional.
The decision did not specify what type of governmental benefit was being subtracted.
