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Hawkins v Auto-Owners Insurance Company; (COA-PUB, 5/9/1978; RB #73)


Michigan Court of Appeals; Docket No. 77-2780; Published   
Judges Danhof, T. M. Burns, and Kelly; (with J.Burns and J. Kelly Concurring in Result)   
Official Michigan Reporter Citation: 83 Mich App 225; Link to Opinion alt   

State Workers Compensation Benefits [§3109(1)]
Exception for Employer Provided Vehicles [§3114(3)]

Workers Disability Compensation Act (MCL 418.1, et seq.)   

In an important decision containing three separate opinions, the Court of Appeals unanimously concurred that, at least insofar as a nonself-insurer is concerned, workers' compensation benefits are not an employee's exclusive remedy. The employee is also entitled to receive no-fault benefits when sustaining injury while driving an employer's vehicle in the course of employment. The decision is highly significant in that it helps to further define the Mathis case and provides valid appellate support for the Insurance Commissioner's directive discussed in item number 72.

This case also discussed the propriety of workers' comp setoffs against no-fault benefits recovered. Judge Danhof held that such setoffs are constitutional, Judge Burns would hold such setoffs unconstitutional, and Judge Kelly expressed no opinion on that issue.

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