Michigan Court of Appeals; Docket No. 80828; Unpublished
Judges Bronson, T. M. Burns, and Simon; Unanimous; Per Curiam
Official Michigan Reporter Citation: Not Applicable; Link to Opinion 
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 denied no-fault benefits to plaintiff pursuant to the employment-related loading/unloading provisions of §3106(2). Plaintiff in this case was injured in the course of his employment while assisting a co-worker who was loading plaintiff’s tractor-trailer with sand. As plaintiff was climbing down a ladder on the side of the trailer, he missed a rung and fell to the ground injuring himself. In relying on the previous decision in Bell v F J Boutell (Item No. 830), the court held that plaintiff was barred by the provisions of §3106(2) in that his activities were preparatory to the actual lifting or lowering of goods and thus within the intent of the exclusionary provision.