Michigan Court of Appeals; Docket No. 109572; Unpublished
Judges MacKenzie, Marilyn Kelly, and T.M. Burns; 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 per curiam Opinion, the Court of Appeals denied no-fault benefits under §3106(2) to a mechanic who was injured during the course of his employment as a result of lifting the hood of his truck to check the oil level, which he did as part of a daily preventative maintenance procedure. At the time, the truck was parked and the engine was running. The question was whether checking the oil was preventative maintenance and thus "doing mechanical work" within the meaning of §3106(2)(a). In holding that such an activity was "doing mechanical work," the court cited previous cases for the proposition that the phrase "doing mechanical work" has been interpreted broadly so as to give effect to the exclusions set forth in §3106(2). The court held:
"Mechanical work is defined as the type of work normally done by a mechanic for the purpose of maintaining or repairing the vehicle. It includes repairing defects, performing preventative maintenance, or making adjustments to alter operating characteristics. The focus is not on the employee's job title or classification, but rather on the type of activity engaged in at the time of the injury."
