Michigan Court of Appeals; Docket #227069; Unpublished
Judges Smolenski, Doctoroff and Owens; 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In this unanimous unpublished per curiam opinion, the Court of Appeals denied no-fault PIP benefits to plaintiff pursuant to the workers’ compensation exclusive remedy provisions of section 3106(2). Plaintiff in this case sustained injury while he was driving a truck onto a tractor trailer. The truck was being loaded as cargo or freight. The truck was not included in the definition of “another vehicle.” Moreover, plaintiff received workers’ compensation benefits for his injury. Therefore, the clear language of section 3106(2)(a) precludes plaintiff from recovering PIP benefits. The court further held that the fact plaintiff was seeking PIP benefits from his own insurance company is of no consequence. The claim is clearly excluded by the Act.
