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Williams v DAIIE; (COA-PUB, 6/8/1988; RB #1137)


Michigan Court of Appeals; Docket No. 92968; Published  
Judges Hood, Weaver, and Warshawksy; Unanimous; Per Curaim  
Official Michigan Reporter Citation: 169 Mich App 301; Link to Opinion alt   

Entitlement to PIP Benefits: Arising Out of / Causation Requirement [§3105(1)]  
Work Loss Benefits: Nature of the Benefit [§3107(1)(b)]

Not Applicable   

In this unanimous per curiam Opinion, the Court of Appeals relied upon the Supreme Court's decision in MacDonald v State Farm, 419 Mich 416 (1984) and held that summary judgment was proper for defendant on plaintiff’s claim for no-fault work loss benefits where plaintiff’s disability was not related to an auto accident but to a previous work-related injury. At the time of his accident, plaintiff had been on disability from work due to an employment-related accident. Plaintiff was unable to offer any credible evidence that the automobile accident prevented his return to work, or in any way worsened his condition. In so holding, the Court of Appeals stated the following regarding the propriety of summary disposition:

"The pleadings, affidavits and depositions did not raise any genuine issue of material fact with respect to whether but for the automobile accident, plaintiff would have returned to work with Ford Motor Company. Plaintiff’s disability was the result of a work-related injury. Ford Motor.Company would not accept plaintiff back for work because of restrictions placed upon his ability to perform his job by his doctor. Plaintiff was on medical disability leave at the time of the automobile accident Also, plaintiff’s own doctor attributed plaintiff’s continued neck pain to a 1968 work injury in which a 100-pound box fell onto plaintiff’s head, not to the automobile accident. Because it cannot be said that but for the automobile accident plaintiff would have lost income from work, he is not entitled to work loss benefits under the no-fault statute."

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