Michigan Court of Appeals; Docket No. 103886; Unpublished
Judges Beasley, Gillis, and Hammond; 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:
Legislative Purpose and Intent
CASE SUMMARY:
In this unanimous per curiam Opinion, the Court of Appeals denied no-fault work loss benefits under §3106(2) to a person who was injured during the course of his employment while alighting from a vehicle preparatory to the unloading process. The injury in question occurred prior to §3106(2) being amended in 1986 to specifically exclude workers who were injured "while entering into or alighting from the vehicle.” The plaintiff argued that the specific language of the 1986 amendment made it clear that prior to the amendment, §3106(2) was not intended to exclude workers who were injured while alighting from their vehicles. The court disagreed with this argument because of the legislative history that accompanied the 1986 amendment to §3106(2) which history stated in pertinent part:
"The new bill would make it clear once and for all that no-fault benefits should not be paid to employees injured while loading and unloading, getting into or out of, or performing maintenance on parked vehicles if the employees had available to them workers' compensation benefits.”
The court held that this 1986 amendment was intended to clarify the previous legislative intent in enacting §3106(2) in 1982.
