Spencer v. Hartford Accident and Indemnity Co.

Defendant appeals as of right from an April 30, 1988, order granting summary disposition pursuant to MCR 2.116(0(10) in favor of plaintiff in this no-fault work loss benefits case.

The facts are not disputed. While in the course of his employment with Ypsilanti Township, plaintiff was injured in an automobile accident, sustaining injuries which prevented him from returning to his job. Following the accident, plaintiff received workers’ compensation benefits. In addition, plaintiff also received the difference between the amount of his workers’ compensation benefits and his base rate of pay…