Michigan Court of Appeals; Docket No. 74865; Unpublished
Judges Gillis, Kelly, and Mullen; Unpublished; Per Curiam
Official Michigan Reporter Citation: Not Applicable; Link to Opinion 
STATUTORY INDEXING:
Standards for Deductibility of State and Federal Governmental Benefits [§3109(1)]
State Workers Compensation Benefits [§3109(1)]
TOPICAL INDEXING:
Not Applicable
CASE SUMMARY:
In this unpublished unanimous per curiam Opinion, the court held that a no-fault carrier could not set off, under §3109(1), those specific workers' comp benefits paid to plaintiff under Illinois law which were intended to "compensate for permanent damage to the plaintiff’s body, not for work loss." The court held that under the Supreme Court's decision in Jarosz v DAIIE (Item No. 702), only workers' compensation benefits which were intended to serve the same purpose as no-fault benefits may be setoff. Thus, all "temporary total disability benefits" received by plaintiff under Illinois law would be available for a setoff. However, those benefits which are in the nature of a "specific loss" benefit may not be offset against no-fault benefits.
