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Zmudczynski v League General; (COA-UNP, 8/13/1980; RB #341)

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Michigan Court of Appeals; Docket No. 46517; Unpublished  
Judges Bashara, Riley, and Quinnell; Unanimous  
Official Michigan Reporter Citation: Not Applicable; Link to Opinion alt   


STATUTORY INDEXING:  
Coordination with Other Health and Accident Disability Insurance [§3109a]

TOPICAL INDEXING:
Not Applicable    


CASE SUMMARY:  
In a case of first impression regarding computation of wage loss benefits under a coordinated benefits provision, the Court of Appeals held that the collateral wage benefits must be subtracted from the amount that the plaintiff would have received in no-fault wage loss benefits had there not been a coordinating benefits provision, rather than from the plaintiff’s actual wage loss. Thus, where the plaintiff’s actual wage loss was in excess of the monthly maximum, the collateral sickness and accident benefits received by plaintiff would be subtracted from the monthly maximum as opposed from the actual work loss.

[Author's Comment: The approach taken in this case is consistent with Atkinson v DAIIE, item number 148.]


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