In Watson v. Waste Management Of Michigan, Inc., et al., an unpublished opinion from the Court of Appeals, the Court denied an employee's claim for no-fault benefits. The employee was injured at work in an automobile accident with the company vehicle. The employer's no-fault insurance carrier defended the claim on the basis that the claim was not made within one year pursuant to the terms of the policy. The employee argued that timely notice of the injury was provided to the employer as part of the workers' compensation claim. The Court of Appeals ruled that the notice given to the workers' compensation claims service was insufficient notice to the employer's no-fault insurer and therefore dismissed the employee's no-fault claim.
Generally the employee would not be able to receive both workers' compensation wage loss benefits and no-fault wage loss benefits. The workers' compensation benefit is primary and the no-fault benefit will coordinate against the workers' compensation benefit. Also the no-fault wage loss benefit is slightly more the the workers compensation benefit.
MICHIGAN COMP LAW is written by RONALD W. RYAN. I have practiced workers' compensation law since 1991. Should you have any questions about workers' compensation law, or need representation, email me at [email protected], or call (269) 553-1424.