The Michigan Court of Appeals, in an unpublished decision, Djelaj v RGIS Inventory Specialists (Case Nos. 29290, 29291, October 13, 2011), affirmed the holding of the Workers’ Compensation Appellate Commission (WCAC), affirming the magistrate, and concluding that the employee’s receipt of no-fault benefits from her personal insurance carrier tolled the time for filing a claim under the two year claim statute. The employee was injured in a motor vehicle accident, which was also found to have arisen out of the scope and course of her employment. The employee applied for and received automobile no-fault benefits, including a wage replacement benefit, from her personal insurance carrier. She did not make a claim for workers’ disability compensation benefits for more than three years after her last day of work. The two-year claim provision of the statute provides as follows: A proceeding for compensation for an injury under this act shall not be maintained unless a claim for compensation for the injury, which claim may be either oral or in writing, has been made to the employer or a written claim has been made to the bureau . . . within 2 years after the occurrence of the injury. . . If an employee claims benefits for a work injury and is thereafter compensated for the disability by worker’s compensation or benefits other than worker’s compensation . . . the period of time within which a claim shall be made for benefits under this act shall be extended by the time during which the benefits are paid . . .. MCL 418.381(1) The defendant employer and insurer argued that the employee’s claim for workers’ compensation benefits was untimely under the two year claim provision, above. Citing Colbert v Conybeare Law Office, 239 Mich App 608, 618, 609, NW2d 208 (2000), the court noted that it had specifically rejected the argument that “benefits other than workers’ compensation benefits” must be from the employer. In that case, the court held that the plaintiff’s workers’ compensation claim was timely filed because the plaintiff’s receipt of social security benefits tolled the limitations period in §381(1). Thus, the Court of Appeals affirmed the WCAC and magistrate in finding that the employee’s receipt of personal no fault benefits tolled the two-year statute for filing a claim and, therefore, her claim was timely. If you have any questions about this decision or would like to discuss it further, please contact us at your convenience. Please share this case summary with others who may be interested in it. Thank you. Leonard M. Hickey & John B. Combs 11/03/11