Michigan Court of Appeals; Docket No. 30914; Published
Judges Cavanaugh, Bronson, and Kelly; Unanimous; Per Curiam
Official Michigan Reporter Citation: 82 Mich App 721; Link to Opinon 
STATUTORY INDEXING:
Calculation of Survivor’s Loss Benefits and Maximums [§3108(1)]
Social Security Survivor’s Benefits [§3109(1)]
TOPICAL INDEXING:
Not Applicable
CASE SUMMARY:
In this short per curiam decision, this panel of the Court of Appeals unanimously upheld the conclusion in O'Donnell that it was unconstitutional to deduct Social Security benefits from no-fault survivor's benefits under §3109(1), but based its rationale on the holding in Pollock v Frankenmuth Mutual (item number 41) which dealt with workers' comp setoffs. Thus, the O'Donnell result was affirmed by another panel of the Court of Appeals but on a different theory.
