Amendment
December 30,1981
MTLA File No. 2670
STATUTORY INDEXING:
Exclusion for Parked Vehicles Covered By Workers Comp [§3106(2)]
TOPICAL INDEXING:
Legislative Purpose and Intent
CASE SUMMARY:
Subsequent to the Supreme Court's Opinion in Miller v Auto-Owners (item number 431) the legislature adopted a significant amendment to the parked vehicle provisions of §3106. Essentially, the amendment added a new subsection (2) which disqualifies from receiving PIP benefits those employees who sustain injury in the course of their employment while loading, unloading or doing mechanical work on a motor vehicle unless the use or operation of another vehicle is involved. The new section states, "Accidental bodily injury does not arise out of the ownership, operation, maintenance, or use of a parked vehicle as a motor vehicle if benefits under the Workers' Disability Compensation Act of 1969, Act No. 317 of the Public Acts of 1969, as amended, being §418.101 to §418.941 of the Michigan Compiled Laws, are available to an employee who sustains the injury in the course of his or her employment while loading, unloading, or doing mechanical work on a vehicle unless the injury arose from the use or operation of another vehicle." The Act applies to all causes of action which occur after January 1,1982.