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73 Mich. App. 602

Mathis v. Interstate Motor Freight System

Michigan Court of Appeals

Decided February 3, 1977

Michigan Court of Appeals · decided 1977-02-03

Applies MI 418 § 418.101 · MI 500 § 500.3101

Decided 1977-02-03

Per Curiam.

¶1The trial court granted defendant an accelerated and/or summary judgment in a suit by plaintiff to recover no-fault personal protection insurance benefits from defendant. Plaintiff appeals and we affirm.

¶2Plaintiff was employed by defendant as a dock *603man. He fell and injured his left knee and leg while unloading freight from a semi-trailer.

¶3Plaintiff received workmen’s compensation benefits. He applied for benefits under the no-fault act. MCLA 500.3101 et seq.; MSA 24.13101 et seq.

¶4The trial judge held that workmen’s compensation benefits were plaintiffs exclusive remedy. MCLA 418.101 et seq.; MSA 17.237(101) et seq.

¶5The Supreme Court in Solakis v Roberts, 395 Mich 13, 20; 233 NW2d 1, 4 (1975), said: "When an employee’s injury is within the scope of the act, workmen’s compensation benefits are the exclusive remedy against the employer.”

¶6Affirmed. Costs to defendant.

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