Ingham County Circuit Court; Docket No.78-22443-CK; Unpublished
Judge James T. Kallman
Official Reporter Citation: Not Applicable; Link to Opinion
State Workers Compensation Benefits [§3109(1)]
In an Opinion from the bench dealing with the right of a no-fault carrier to subtract workers' compensation benefits from no-fault benefits pursuant to §3109(1) of the no-fault act, Judge James T. Kallman ruled as follows:
1. Workers' compensation benefits could not be subtracted from no-fault benefits because the Court of Appeals decision in Pollock v Frankenmuth Mutual (item number 41) constituted the law of this state on this particular issue and that case prohibited such setoffs on the basis that §3109(1) was unconstitutional. Judge Kallman also noted that the appeal pending before the Supreme Court in the Pollock case was dismissed by the parties with prejudice and this left the law as enunciated in Pollock.
2. The use of the Circuit Court's equitable power in no-fault cases was proper and thus petitions for preliminary injunction and show cause hearings were viable pleading device such no-fault cases. Pursuant to his ruling on the equitable power issue, Judge Kallman issued a preliminary injunction enjoining the no-fault carrier from setting off workers' compensation benefits from no-fault survivors' benefits, and further ordered the no-fault carrier to pay accrued no-fault benefits and future no-fault benefits at a specified rate and until a specified future date.