Macomb County Circuit Court; Docket No. 83-3293; Unpublished
CK; Judge Kenneth N. Sanborn; Written Opinion
Official Michigan Reporter Citation: Not Applicable; Link to Opinion 
STATUTORY INDEXING:
Exclusion for Vehicles Considered Parked [§3106(1)]
Exception for Entering Into or Alighting From [§3106(1)(c)]
Exclusion for Parked Vehicles Covered by Workers Comp [§3106(2)]
TOPICAL INDEXING:
Legislative Purpose and Intent
CASE SUMMARY:
In this written Opinion, Judge Sanborn construed the newly amended version of §3106(2) which disqualifies employees who sustain injury in the course of employment while loading, unloading or doing mechanical work on a vehicle. Judge Sanborn ruled that a worker who was "alighting" from a vehicle as part of the unloading operation was disqualified from receiving benefits under §3106(2). The Court stated, "construing §1(c) and 2 together, the Court finds that 'unloading' occurs over a time continuum and can include events and actions occurring prior to and contemporaneously with the physical lifting or movement of property from the vehicle."