From Moped Misfortune to Separation (Shoulder) Anxiety

Patient Wolf suffered a grade 3 left shoulder separation due to a moped accident in 2018 which film studies confirmed became a grade 5 separation by 2020. Defendants prevailed in the trial court on summary disposition arguing that Wolf’s documented left shoulder injuries in 2019 and 2020 which occurred at work required Wolf to use reasonable efforts to secure workers’ compensation benefits pursuant to MCL 500.3109’s governmental benefit offset provision.

The Court of Appeals found the evidence presented was insufficient for either party to prevail on summary disposition as to whether the 2018 injury met the causation requirements of the No-Fault Act to make Plaintiffs’ treatment claims reimbursable. Further, the Court of Appeals found reversible error in the trial court by holding that MCL 500.3109(1) does not absolve no-fault insurers of liability for PIP claims and finally that the trial court lacked the jurisdiction to decide whether the injured patient would have been entitled to workers’ compensation benefits.

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