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Decker v Federal Kemper Insurance; (GCC-___, 3/31/1983; RB #648)

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Genesee County Circuit Court; Docket No. 82-67516-CZ  
Judge Judith A. Fullerton  
Official Reporter Citation: Not Applicable; Link to Opinion alt    


STATUTORY INDEXING:  
Wage Loss for Temporarily Unemployed Persons / Qualifications [§3107a]

TOPICAL INDEXING:
Not Applicable    


CASE SUMMARY:  
In this Opinion and Order, Judge Fullerton awarded no-fault wage loss benefits to plaintiff as a "temporarily unemployed", person within the meaning of §3107a for the reason that plaintiff was able to prove that had it not been for his disabling auto accident, he would have been hired by a new employer to commence employment approximately two days after the intervening accident. Accordingly, based upon the uncontroverted facts, plaintiff was entitled to summary judgment.

[Author's Comment: For the reasons stated in the comment to item 424, it is respectfully submitted that §3107a does not require a showing that "but for" the intervening accident, the temporarily unemployed person would have found employment. This was specifically held not to be a requirement in Nelson v Ford Motor (item number 593).]


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