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MATHIS v. INTERSTATE MTR FREIGHT

Michigan Court of Appeals.
Feb 3, 1977
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PER CURIAM.

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.