Michigan Court of Appeals; Docket No. 28032; Published
Judge Beasley, Burns, and Gillis; Unanimous; Per Curiam
Official Michigan Reporter Citation: 73 Mich App 602; Link to Opinion
STATUTORY INDEXING:
Not Applicable
TOPICAL INDEXING:
Workers Disability Compensation Act (MCL 418.1, et seq.)
CASE SUMMARY:
In a short per curiam Opinion which contained little discussion, the Court of Appeals affirmed summary judgment for defendants in a suit filed by employee-dockworker against his self-insured employer to recover first-party no-fault benefits for injuries sustained by the employee while he was unloading freight from a semi-trailer. The plaintiff had recovered workers' compensation benefits for this injury. Citing case law and the Workers' Compensation Act, the court held that where the employee's injury is within the scope of the Workers' Compensation Act, workers' comp benefits are the exclusive remedy against the employer. Leave to appeal has been filed.