Marquis v. Hartford Accident & Indemnity

I respectfully dissent. It is well settled that "work loss” as provided by the no-fault act refers to loss of actual income and not to loss of earning capacity. Ouellette v Kenealy, 424 Mich 83; 378 NW2d 470 (1985). The no-fault act defines work-loss personal protection insurance as follows:

Work loss 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 had not been injured .... [MCL 500.3107(b); MSA 24.13107(b). Emphasis added.]

In the present case, the majority has confused loss of earning capacity and loss…