Michigan Court of Appeals; Docket No. 78-806; Published
Judges Gillis, Holbrook, and Maher; Unanimous; Per Curiam
Official Michigan Reporter Citation: 87 Mich App 93; Link to Opinion 
STATUTORY INDEXING:
Work Loss Benefits: Nature of the Benefit [§3107(1)(b)]
Work Loss Benefits: Loss of Earning Capacity [§3107(1)(b)]
TOPICAL INDEXING:
Not Applicable
CASE SUMMARY:
In a unanimous per curiam Opinion dealing with §3107a of the no-fault act, the Court of Appeals held that a plaintiff college student who was unemployed at the time of his automobile injury, but who had worked full-time during the summer and part time during the school year, was entitled to no-fault wage loss benefits if he could show that he would have worked part-time or seasonally but for his injury. The Court rejected the argument that the Legislature intended to compensate only those people who were temporarily unemployed and who intended to return to the same job or similar full-time work. The Court held that the intent of §3107a was to compensate all accident victims for all loss of income, whether from full-time, part-time or voluntarily terminated seasonal employment.
In calculating the benefits, the plaintiff’s work history should be examined and benefits based on income earned from the last month of employment prior to the accident should be taken into consideration. However, the Plaintiff is only entitled to receive wage loss benefits for work he would have performed, not year-round benefits, unless he would have worked the entire year.
