Michigan Court of Appeals; Docket No. 82458; Published
Opinion by Judge Danhof; Unanimous
Official Michigan Reporter Citation: 151 Mich App 91; 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:
This unanimous Opinion by Chief Judge Danhof deals with an interpretation of the workers' compensation exclusive remedy provisions of §3106(2) of the statute. In this decision, the Court of Appeals held that this section prohibits work-related accidents from qualifying for no-fault benefits only where the injured employee is entitled to workers' compensation benefits under the Michigan Workers' Comp Act.
The statute is very clear on its face that it is only those workers who are entitled to Michigan workers' comp benefits who are prohibited from pursuing no-fault benefits in the factual circumstances described in the statute. In light of the fact that the Legislature did not refer to the availability of workers' comp benefits from other states, the Court of Appeals chose not to read that language into the statute.
