Cannell v. Riverside Insurance

I concur separately in the majority’s remand for a determination of compensable injury by the Bureau of Workers’ Disability Compensation to allow setoff of the amount of benefits the workers’ compensation carrier would have been required to provide had the claim not been redeemed. I adopt the reasoning of the majority in Thacker v DAIIE, 114 Mich App 374; 319 NW2d 349 (1982).

This Court is split on the issue of whether, under MCL 500.3109(1); MSA 24.13109(1), a no-fault insurer is entitled to set off the amount an injured worker would have collected had he continued to receive periodic…