- 10 - The Michigan Supreme Court has addressed the nature and purpose of the payments made under this statute in Kushay v. Sexton Dairy Co., 228 N.W.2d 205 (Mich. 1975). In Kushay, the Court found that where the wife of a disabled husband, who became totally and permanently disabled, performed services of attendant care under the statute, the employer has a “duty to compensate him or her as the person who discharges the employer’s duty to provide them.” Id. at 74. If services are rendered as provided by the statute, by the spouse or a third party, the employer has an obligation to pay for them. Id. at 74. Also, in Dunaj v. Harry Becker Co., 217 N.W.2d 397, 399-400 (Mich. Ct. App. 1974), the Court of Appeals of Michigan held that medical services provided by a claimant’s wife were “compensable to the same extent as they would be if the services had been rendered by someone other than the wife.” In order to receive payments as an attendant-care provider, petitioner had to provide attendant and nursing care services to her husband. Likewise, GM was under an obligation to furnish payments for attendant and nursing care services rendered by petitioner or a third party. This Court has addressed a similar issue in Bannon v. Commissioner, 99 T.C. 59 (1992), where a California statute allowed taxpayer to receive welfare benefits for providing nonmedical care to her disabled adult daughter, the recipient ofPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011