70th Judicial District Court; Docket No. 83-CV-977-(1); Unpublished
Judge Harry M Titus; Written Opinion
Official Michigan Reporter Citation: Not Applicable; Link to Opinion 
STATUTORY INDEXING:
Exclusion for Vehicles Considered Parked [§3106(1)]
Exception for Entering Into or Alighting From [§3106(1)(c)]
Exclusion for Parked Vehicles Covered by Workers Comp [§3106(2)]
TOPICAL INDEXING:
Workers Disability Compensation Act (MCL 418.1, et seq.)
CASE SUMMARY:
This written Opinion by Judge Titus involves an issue of first impression. Judge Titus held that under the newly added amendment to §3106(2) a truck driver who was injured while "entering" his employer's semi-tractor during the course of his employment was not disqualified for benefits. The new amendment to the parked vehicle section disqualifies from receipt of PIP benefits those employees who are entitled to receive workers' compensation benefits and who sustain "the injury in the course of his or her employment while loading, unloading or doing mechanical work on a vehicle unless injury arose from the use or operation of another vehicle." The plaintiff in this case was injured while entering the semi-tractor, not while loading or unloading. Specifically, plaintiff was climbing up the semi-tractor to position himself on a grate between the semi-tractor and the tanker trailer to disconnect air hoses and electrical wires which provide trailer brakes and lights. Upon completing that task, plaintiff then intended to enter the semi-tractor to drive it from underneath the tanker trailer. When plaintiff stepped from the grate onto the fuel tank, he lost his balance and fell, resulting in his injury. Because the plaintiff was injured in connection with entering the vehicle, he was not disqualified under §3106(2).
