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Shipley v Consolidated Insurance Company; (ICC-UNP, 10/15/1982; RB #594)

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Ingham County Circuit Court; Docket No. 82-29620-CK; Unpublished  
Judge Jack W. Warren; Written Opinion  
Official Michigan Reporter Citation: Not Applicable; Link to Opinion alt   


STATUTORY INDEXING:  
Work Loss Benefits: Nature of the Benefit [§3107(1)(b)]  
Wage Loss for Temporarily Unemployed Persons / Qualifications [§3107a]

TOPICAL INDEXING:
Not Applicable    


CASE SUMMARY:  
In this written Opinion, Judge Warren held that in order to recover benefits as a "temporarily unemployed person" under the provisions of §3107a, a claimant must satisfy the work loss test of §3107(b) and prove that he or she would have worked "but for the disabling automobile accident. Section 3107a does not provide an unemployed plaintiff with a separate and independent right to recover wage loss benefits. If work loss can be established under §3107(b), the amount of the benefit is determined under §3107a.

[Author's Comment: The holding in this case that §3107a requires a "but for showing, is contrary to the previously mentioned Ingham County Circuit Court case of Nelson v Ford Motor, item number 593. In addition, it is respectfully submitted that such a holding in contrary to the Court of Appeals opinion in Lewis v DAIIE, item number 200.]


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