Oakland County Circuit Court; Docket No. 77-150-451-CK; Unpublished
Judge Robert Templin; Written Declaratory Judgment
Official Michigan Reporter Citation: Not Applicable; Link to Opinion 
STATUTORY INDEXING:
Standards for Deductibility of State and Federal Governmental Benefits [§3109(1)]
Medicare Benefits [§3109(1)]
TOPICAL INDEXING:
Not Applicable
CASE SUMMARY:
In a written Declaratory Judgment Opinion, Judge Templin held that the conclusion reached in the O'Donnell case (item number 20) and subsequent consistent Court of Appeals decisions are the controlling law in this state at the present time and accordingly, a no-fault carrier could not offset Social Security Medicare benefits against no-fault benefits pursuant to §3109(1) of the no-fault act. Accordingly, Judge Templin ordered the no-fault carrier to pay all no-fault benefits which are payable without deduction for any governmental benefits received and further ordered the no-fault carrier to pay interest on all benefits which are or may become overdue pursuant to §3142. Judge Templin also permitted plaintiff’s attorney to move separately for a reasonable attorney fee pursuant to §3148.
[Author's Comment: The above decision does not specify or distinguish what type of Medicare benefits were involved, Type A benefits (mandatory) or Type B benefits (optional).]
