Michigan Court of Appeals; Docket No. 30819; Published
Judges Walsh, Kelly, and Oppliger; Unanimous; Opinion by Judge Oppliger
Official Michigan Reporter Citation: 92 Mich App 600; Link to Opinion 
STATUTORY INDEXING:
Standards for Deductibility of State and Federal Governmental Benefits [§3109(1)]
State Workers Compensation Benefits [§3109(1)]
TOPICAL INDEXING:
Workers Disability Compensation Act (MCL 418.1, et seq.)
CASE SUMMARY:
In a unanimous Opinion by Judge Oppliger, this panel of the Court of Appeals, citing the Supreme Court's decision in O'Donnell v State Farm (item number 142), held that §3109(1) is constitutional and that it requires a setoff of workers' compensation benefits received because of an automobile injury against the amount of no-fault personal protection insurance benefits otherwise payable for the same injury. The Court noted that the only real distinction between Social Security benefits and workers' comp benefits is that the former are contributed in part by the injured person while the latter are not. If anything, the Court thought that that distinction favored the validity of the workers' comp setoff.
