Michigan Court of Appeals; Docket No. 187902; Unpublished
Judges McDonald, Murphy, and Payant; Unanimous; Per Curiam
Official Michigan Reporter Citation: Not Applicable; Link to Opinion 
STATUTORY INDEXING:
Exception for Loading / Unloading [§3106(1)(b)]
Exclusion for Parked Vehicles Covered by Workers Comp [§3106(2)]
TOPICAL INDEXING:
Not Applicable
CASE SUMMARY:
In this unanimous per curiam unpublished Opinion, the Court of Appeals, in a case interpreting the provisions of §3106(2)(a), the parked vehicle section of the no-fault act, held that a "roll off" box was not a vehicle within the meaning of that section.
In this case, plaintiff apparently contended that the exception contained in §3106(2)(a) would allow for his claim to be made. That exception provides that §3106(2) excluding coverage for accidents where workers' compensation benefits are available, does not apply where the injury occurred during the course of loading, unloading, or doing mechanical work on a vehicle "unless the injury arose from the use or operation of another vehicle."
In this case, plaintiffs injury occurred while he was inside of a "roll-off-box," which had a wheel on each lower corner. The evidence suggested that these wheels were used for loading the box onto or off of a trailer that subsequently transported the box and the debris it contained to and from the job site. Because no evidence suggested that the roll-off-box alone was capable of moving about the job site with little or no difficulty, it did not fall within the definition of the term "vehicle" as commonly understood.
Therefore, plaintiffs claim for PIP benefits was excluded under the provisions of §3106(2)(a).
