Patricia L. Baldwin - Page 10




                                       - 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 of            






Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  Next

Last modified: May 25, 2011