Michigan Court of Appeals; Docket No. 95049; Unpublished
Judges Weaver, Holbrook, and Gillespie; 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:
Workers Disability Compensation Act (MCL 418.1, et seq.)
CASE SUMMARY:
In this unanimous per curiam Opinion dealing with the original amendment to §3106(2), the court held that a worker who voluntarily assisted other workers in loading a vehicle and who was injured when he slipped while alighting from the vehicle and fell to the ground, was engaged in the loading and unloading process and thus was precluded from receiving benefits under §3106(2). The court held, "Plaintiff attempts to avoid this conclusion by arguing that before he fell from the trailer he had not been nor was he at all involved in the loading process. However, in his brief on appeal, plaintiff admits that he voluntarily assisted the loader in placing some air bags between the pelletized freight to secure the load. Hence it is clear that plaintiff was assisting in the loading process and this process encompassed his exit from the vehicle. Accordingly, we conclude that plaintiff’s injuries are not compensable under the No-Fault Act."
[Author's Comment: This decision was mistakenly omitted from earlier supplements and is included herein for completeness.]
