Michigan Court of Appeals; Docket No. 80488; Published
Judges Gribbs, T. M. Burns, and Warshawsky; Unanimous; Per Curiam
Official Michigan Reporter Citation: 147 Mich App 482; Link to Opinion 
STATUTORY INDEXING:
Exclusion for Parked Vehicles Covered by Workers Comp [§3106(2)]
TOPICAL INDEXING:
Legislative Purpose and Intent
CASE SUMMARY:
This unanimous per curiam Opinion is another case dealing with the employment-related parked vehicle provisions of §3106(2) of the statute. In this case, the Court of Appeals affirmed the trial court's denial of no-fault benefits to a plaintiff who was injured during the course of his employment as an automobile mechanic. While at work, plaintiff was walking from one area of the work place to another to get some parts. On the way, he passed an idling vehicle just as another mechanic was spraying fluid into the carburetor of that vehicle, thereby causing that car's exhaust system to emit noxious fumes which subsequently injured plaintiff.
In denying benefits under §3106(2), the Court of Appeals held that plaintiff was "doing mechanical work” on a vehicle at the time of his injury. The court relied on the earlier opinion in Bell v F J Boutell (Item No. 830) wherein the terms loading and unloading were given a broad interpretation. In relying on the Bell case, this panel stated, "Likewise, we feel that the phrase 'doing mechanical work on a vehicle' should be broadly interpreted. In the instant case, plaintiff was working on an automobile and was injured while walking to another area of the garage tcTobtain parts. We feel that plaintiff was performing mechanical work while on his short trip to obtain parts."
The court then went on to find that plaintiff’s injuries did not arise from the "use or operation" of another vehicle as provided in §3106(2). Rather, plaintiff’s injuries arose from the "maintenance" of another vehicle which is not encompassed in the phrase "use or operation." Therefore, plaintiff’s injuries did not fall within the "another vehicle" exception and plaintiff is thus disqualified from receiving benefits pursuant to §3106(2).
