Michigan Court of Appeals; Docket No. 113233; Unpublished
Judges Gribbs, Cavanagh, and R.B. Burns; 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:
Workers Disability Compensation Act (MCL 418.1, et seq.)
CASE SUMMARY:
In this unanimous per curiam Opinion, the Court of Appeals interpreted the provisions of §3106(2) to preclude plaintiff from receiving no-fault benefits under that section which bars benefits when workers' compensation benefits are available to an employee injured in the course of employment while loading or unloading a vehicle.
In this case, plaintiff opened the door to the trailer of his truck to check on items that he believed came loose because the items were improperly and unsafely stacked. Plaintiff found that the items were loose and was injured attempting to separate the items and rectify the problem. While the proofs were unclear as to whether plaintiff would have separated the items as preparation for any unloading, the court concluded that his activities in attempting to rectify the improper stacking of the items related at least to the loading process. Therefore, plaintiffs activities were part of the "complete operation of loading and unloading," thereby precluding plaintiff from receiving no-fault benefits. The court relied upon its prior decision in the case of Bell v Boutell Driveaway Company (Item No. 880).
