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EVANS v. EVANS

Docket No. 46457.

98 Mich. App. 328 (1980)

296 N.W.2d 248

EVANS v. EVANS

Michigan Court of Appeals.

Decided June 17, 1980.

Attorney(s) appearing for the Case

Edward C. Wilson, for plaintiff.

Parmenter, Forsythe, Rude, Garigan, Van Epps & Briggs, for defendant.

Before: R.B. BURNS, P.J., and J.H. GILLIS and D.C. RILEY, JJ.

D.C. RILEY, J.

This case involves an issue of first impression in Michigan: whether social security and worker's compensation benefits can be considered part of the marital estate for purposes of property division.

In September, 1975, plaintiff filed for divorce. Two months later, he was injured at his employment and was no longer able to work. On December 4, 1978, plaintiff redeemed his worker's compensation accrued benefits for $5,176. He also redeemed a...

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