Michigan Court of Appeals; Docket No. 93158; Unpublished
Judges Weaver, Wahls, and Shamo; 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 affirmed the trial court's grant of summary disposition in another case involving the interpretation of §3106(2) it relates to employees unloading from parked vehicles.
In this case, plaintiff was hauling and delivering forklifts as a truck driver employee of Clark Transportation after arriving at the place of delivery, plaintiff injured himself while pulling out blocks which held the forklifts in place during transit Plaintiff received workers' compensation benefits, and after denial of no-fault benefits, filed this suit.
Plaintiff claimed on appeal that because he was not injured while actually unloading, but instead was injured while in the process of "preparing to unload," he was entitled to recover benefits the Court of Appeals rejected this contention, and noted that this case was governed by the amendment to §3106 which applied to all cause of action occurring after January 1, 1982. Cases interpreting tljis amendatory provision hold that the terms "loading" and "unloading" must be broadly construed so as to include activities in preparation of the actual lifting onto or lowering property from a vehicle the court held that it was undisputed that plaintiff’s activities were preparatory to the lowering or removal of property from a vehicle. See also, Bell v Boutell (Item No. 830); Gray v Liberty Mutual (Item No. 911); Gibbs v UPS (ItemNo.,961).
