Soley v Liberty Mutual Ins Co; (COA-UNP, 1/5/1988; RB #1105)

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Michigan Court of Appeals; Docket No. 92475; Unpublished  
Judges Walsh, Shepherd, and Davis; Unanimous; Per Curiam  
Official Michigan Reporter Citation:  Not Applicable; Link to Opinion alt   


STATUTORY INDEXING:  
Exclusion for Parked Vehicles Covered by Workers Comp [§3106(2)]

TOPICAL INDEXING:
Not Applicable   


CASE SUMMARY:  
In this unanimous per curiam Opinion, the Court of Appeals rejected plaintiff’s constitutional challenge to §3106(2) precluding recovery to an employee who sustains injury in the course of unloading a parked vehicle.

The Court of Appeals noted that this identical issue had been addressed in Babbitt v Employers Insurance (Item No. 756), and that the statutory language had been upheld as constitutional.

The injury in this case occurred in 1982, prior to the further limiting amendment to §3106(2) by 1986 PA 318, effective June 1, 1987.