Babbitt v Employers Insurance of Wausau; (COA-PUB, 5/18/1984; RB #756)

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Michigan Court of Appeals; Docket No. 69375; Published    
Judges Maher, R.B. Burns, and Roskopp; Unanimous; Per Curiam   
Official Michigan Reporter Citation: 136 Mich App 198; 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 that the recent amendment to the parked vehicle exclusions [§3106(2)] violates guarantees of equal protection by denying no-fault benefits to those individuals who are eligible to receive workers' compensation benefits and who suffer injury while unloading a motor vehicle. The court applied the "rational relation" test and cited the Supreme Court's opinion Shavers v Attorney General (item number 255) in rejecting the equal protection claim.