Michigan Court of Appeals;Docket No. 98214; Unpublished
Judges Kelly, MacKenzie, and Schaefer; Unanimous; Per Curiam
Official Michigan Reporter Citation: Not Appliacable; 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, the Court dealt with the issue of whether plaintiff’s on-the-job injury was sustained while loading or unloading a vehicle, thereby resulting in a disqualification from receipt of benefits under §3106(l)(c) and (2). The plaintiff was employed as a truck driver hauling new cars. Part of his responsibility was to load and unload the new cars and to periodically recheck his cargo to make sure it was properly secured. Plaintiff sustained injury during a trip when he stopped in order to retighten the chain and resecure the cargo to his trailer. While in the process of retightening the chains and securing the cargo, the tightening mechanism slipped resulting in injuries to plaintiff. In denying plaintiff benefits, the Court relied heavily on its earlier opinion in Crawford v Allstate (Item No. 1028). The Court held that the terms "loading" and "unloading" should be broadly construed to effectuate the Legislature's intent to eliminate duplication of workers' compensation and no-fault benefits for work-related injuries except where the actual driving or operation of a motor vehicle is involved. The Court further held that the fact that plaintiff was not on his employer's premises at the time of the injury was not a basis for distinguishing between this case and the Crawford decision. The Court concluded by stating, "in light of the intent behind §3106(l)(c-) and (2) and the facts that Rayl's job required loading and unloading the cars from his trailer and that the process of loading and unloading necessarily included insuring that the chains properly secured the vehicles into place, we agree with the trial court that plaintiff Rayl was injured while loading or unloading cargo onto his vehicle."
