section 3107 work loss benefits (Michigan) · Go Syfert
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section 3107 work loss benefits in Michigan

10 Michigan opinions name it 2 courts 1983–2019 0 in the last five years

The cases below were cited by Michigan courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (1)

CaseFollowedCited
Struble v. Detroit Automobile Inter-Insurance Exchangegreen
michctapp · 1978 · cited in 1 Michigan opinions naming this issue, 1987–1987
2 sentences

1987Struble v DAIIE, 86 Mich App 245, 251, 255-256 ; 272 NW2d 617 (1978), lv den 406 Mich 885 (1979).

1987Struble v DAIIE, 86 Mich App 245, 251, 255-256 ; 272 NW2d 617 (1978), lv den 406 Mich 885 (1979).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Michigan. Read the followed side critically anyway.

Also cited on this issue (11)

CaseCitedYears
Ouellette v. Kenealy green
mich · 1985
2 sentences

2015Accordingly, a party seeking work loss benefits under § 3107(b) must show actual loss; a mere loss of earning capacity is not sufficient.” “ ‘Loss of earning capacity’ is what an injured person could have earned but for the injury. ‘Work loss’ is loss of income from work an injured person would have performed if he had not been injured.” Ouellette v Kenealy, 141 Mich App 562, 565 ; 367 NW2d 353 (1984), aff’d 424 Mich 83 ; 378 NW2d 470 (1985) (citations omitted).

2015Accordingly, a party seeking work loss benefits under § 3107(b) must show actual loss; a mere loss of earning capacity is not sufficient.” “ ‘Loss of earning capacity’ is what an injured person could have earned but for the injury. ‘Work loss’ is loss of income from work an injured person would have performed if he had not been injured.” Ouellette v Kenealy, 141 Mich App 562, 565 ; 367 NW2d 353 (1984), aff’d 424 Mich 83 ; 378 NW2d 470 (1985) (citations omitted).

21987–2015
Krawczyk v. Detroit Automobile Inter-Insurance Exchange green
michctapp · 1982
2 sentences

1983In Krawczyk v DAIIE, 117 Mich App 155 ; 323 NW2d 633 (1982), this Court held that $390 paid for health insurance during plaintiff’s injury was not a work loss benefit recoverable under § 3107(b).

1983In Krawczyk v DAIIE, 117 Mich App 155 ; 323 NW2d 633 (1982), this Court held that $390 paid for health insurance during plaintiff’s injury was not a work loss benefit recoverable under § 3107(b).

21983–1983
Davis v. State Farm Mutual Automobile Insurance Co. green
michctapp · 1987
2 sentences

2019Under the statute, a no-fault insurer is liable for payment of work-loss benefits “consisting of loss of income from work an injured person would have performed during the first 3 years after the date of the accident if he or she had not been injured.” MCL 500.3107(1)(b). “[A] party seeking work loss benefits under § 3107(1)(b) must show actual loss; a mere loss of -3- earning capacity is not sufficient.” Davis v State Farm Mut Auto Ins Co, 159 Mich App 734, 738 ; 407 NW2d 1 (1987).

2019Under the statute, a no-fault insurer is liable for payment of work-loss benefits “consisting of loss of income from work an injured person would have performed during the first 3 years after the date of the accident if he or she had not been injured.” MCL 500.3107(1)(b). “[A] party seeking work loss benefits under § 3107(1)(b) must show actual loss; a mere loss of -3- earning capacity is not sufficient.” Davis v State Farm Mut Auto Ins Co, 159 Mich App 734, 738 ; 407 NW2d 1 (1987).

12019–2019
Ouellette v. Kenealy green
michctapp · 1984
2 sentences

2015Accordingly, a party seeking work loss benefits under § 3107(b) must show actual loss; a mere loss of earning capacity is not sufficient.” “ ‘Loss of earning capacity’ is what an injured person could have earned but for the injury. ‘Work loss’ is loss of income from work an injured person would have performed if he had not been injured.” Ouellette v Kenealy, 141 Mich App 562, 565 ; 367 NW2d 353 (1984), aff’d 424 Mich 83 ; 378 NW2d 470 (1985) (citations omitted).

2015Accordingly, a party seeking work loss benefits under § 3107(b) must show actual loss; a mere loss of earning capacity is not sufficient.” “ ‘Loss of earning capacity’ is what an injured person could have earned but for the injury. ‘Work loss’ is loss of income from work an injured person would have performed if he had not been injured.” Ouellette v Kenealy, 141 Mich App 562, 565 ; 367 NW2d 353 (1984), aff’d 424 Mich 83 ; 378 NW2d 470 (1985) (citations omitted).

12015–2015
Williams v. Detroit Automobile Inter-Insurance Exchange green
michctapp · 1988
2 sentences

2000In this regard, the trial court ruled that “by continuing to receive worker’s comp, Plaintiff, regardless of the reason that he continued to stay out on comp for several more months, Plaintiff is saying to General Motors that he has a work related injury which doesn’t allow him to return.” Defendant relies on Williams v DAIIE, 169 Mich App 301 ; 425 NW2d 534 (1988), to support its contention in this regard.

2000In this regard, the trial court ruled that “by continuing to receive worker’s comp, Plaintiff, regardless of the reason that he continued to stay out on comp for several more months, Plaintiff is saying to General Motors that he has a work related injury which doesn’t allow him to return.” Defendant relies on Williams v DAIIE, 169 Mich App 301 ; 425 NW2d 534 (1988), to support its contention in this regard.

12000–2000
State v. Oyen green
sd · 1979
1 sentence

1994No challenge is presented by this appeal to the *646 ruling in Nawrocki v Hawkeye Security Ins Co, 83 Mich App 135 ; 286 NW2d 317 (1978), that an injured person’s right to work-loss benefits under § 3107(l)(b) is not necessarily limited to the period of his disability.

11994–1994
Nawrocki v. Hawkeye Security Insurance green
michctapp · 1978
1 sentence

1994No challenge is presented by this appeal to the *646 ruling in Nawrocki v Hawkeye Security Ins Co, 83 Mich App 135 ; 286 NW2d 317 (1978), that an injured person’s right to work-loss benefits under § 3107(l)(b) is not necessarily limited to the period of his disability.

11994–1994
Lenart v. Detroit Automobile Inter-Insurance Exchange neutral
michctapp · 1986
2 sentences

1987Ouelette v Kenealy, 424 Mich 83, 86-87 ; 378 NW2d 470 (1985); Lenart v DAIIE, 156 Mich App 669 ; 401 NW2d 900 (1986).

1987Ouelette v Kenealy, 424 Mich 83, 86-87 ; 378 NW2d 470 (1985); Lenart v DAIIE, 156 Mich App 669 ; 401 NW2d 900 (1986).

11987–1987
Coates v. Michigan Mutual Insurance green
michctapp · 1981
2 sentences

1986In Coates v Michigan Mutual Ins Co, 105 Mich App 290 ; 306 NW2d 484 (1981), for example, the Court considered the legitimacy of a truck driver’s claim for work-loss benefits under § 3107.

1986In Coates v Michigan Mutual Ins Co, 105 Mich App 290 ; 306 NW2d 484 (1981), for example, the Court considered the legitimacy of a truck driver’s claim for work-loss benefits under § 3107.

11986–1986
Gobler v. Auto-Owners Insurance green
michctapp · 1984
2 sentences

1986In Gobler v Auto-Owners Ins Co, 139 Mich App 768 ; 362 NW2d 881 (1984), lv gtd 424 Mich 877 (1986), plaintiff sought to recover survivor’s benefits under §3108, rather than work-loss benefits under § 3107.

1986In Gobler v Auto-Owners Ins Co, 139 Mich App 768 ; 362 NW2d 881 (1984), lv gtd 424 Mich 877 (1986), plaintiff sought to recover survivor’s benefits under §3108, rather than work-loss benefits under § 3107.

11986–1986
Farquharson v. Travelers Insurance neutral
michctapp · 1982
2 sentences

1983Krawczyk v DAIIE, 117 Mich App 155 ; 323 NW2d 633 (1982); Farquharson v Travelers Ins Co, 121 Mich App 766 ; 329 NW2d 484 (1982).

1983Krawczyk v DAIIE, 117 Mich App 155 ; 323 NW2d 633 (1982); Farquharson v Travelers Ins Co, 121 Mich App 766 ; 329 NW2d 484 (1982).

11983–1983

Statutes the citing opinions construe

MI § Mich. Comp. Laws § 500.3107 (10) MI § Mich. Comp. Laws § 500.3101 (5) MI § Mich. Comp. Laws § 500.3107a (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

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