Summary
In Mathis v Interstate Motor Freight System, 73 Mich. App. 602; 252 N.W.2d 842 (1977), a panel of this Court held in a brief per curiam opinion that worker's compensation benefits were plaintiff's exclusive remedy against his employer.
Summary of this case from Lewis v. Yellow FreightOpinion
Docket No. 28032.
Decided February 3, 1977. Leave to appeal applied for.
Appeal from Kent, George R. Cook, J. Submitted January 6, 1977, at Grand Rapids. (Docket No. 28032.) Decided February 3, 1977. Leave to appeal applied for.
Complaint by Buster Mathis for damages for personal injuries. Accelerated and/or summary judgment for defendant. Plaintiff appeals. Affirmed.
Reamon, Williams, Klukowski Craft, P.C., for plaintiff.
Warner, Norcross Judd (by William K. Holmes and Gregory G. Prasher), for defendant.
Before: BEASLEY, P.J., and R.B. BURNS and J.H. GILLIS, JJ.
The 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.
Plaintiff was employed by defendant as a dock man. He fell and injured his left knee and leg while unloading freight from a semi-trailer.
Plaintiff received workmen's compensation benefits. He applied for benefits under the no-fault act. MCLA 500.3101 et seq.; MSA 24.13101 et seq.
The trial judge held that workmen's compensation benefits were plaintiff's exclusive remedy. MCLA 418.101 et seq.; MSA 17.237(101) et seq.
The Supreme Court in Solakis v Roberts, 395 Mich. 13, 20; 233 N.W.2d 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."
Affirmed. Costs to defendant.