United States District Court, Eastern District of Michigan; Docket No. 80-74544; Unpublished
Judge Patricia J. Boyle; Written Opinion
Official Federal Reporter Citation: Not Applicable; Link to Opinion
Workers Disability Compensation Act (MCL 418.1, et seq.)
In this written Opinion, Federal Judge Patricia J. Boyle held that the workers' compensation set-off under §3109 must be subtracted from the statutory maximum benefit in effect on the date of the loss rather than from plaintiff’s actual gross wage. Thus, where plaintiff was earning a wage in excess of the no-fault statutory maximum and thus entitled to receive the statutory maximum were it not for receipt of workers' comp benefits, the workers' comp set-off is subtracted directly from the statutory maximum in effect. The court cited with approval the Court of Appeals holding in Zmudczynski v League General (Item No. 341) and also the computation methods set forth in the Revised Standard Jury Instructions.