Workmans Compensation Statutes
The following are Workmans Compensation / Workers Compensation statutes from the
State of Michigan. They are intended for your information only.
WHEREAS, section 315 of Act 195 of Public Acts
of 1981, being section
418.315 of the Michigan Compiled Laws,
established a program in the Department of Labor, Bureau of Workers' Disability
Compensation, to constrain increases in health-related workers' compensation
costs; and
WHEREAS, for the purposes of utilization of
the experience and expertise in cost containment programs within the Department
of Management and Budget, by authority vested in the Governor under Article
V, section 2, of the Michigan Constitution of 1963,
that function, as set forth in subsections (2), (3), (4), (5), (6), (7), (8),
and (9) of section 315, was transferred to the Department of Management and
Budget by Executive Order 1982-2; and
WHEREAS, pursuant to Act 103 of Public Acts of
1985, subsections (2), (3), (4), (5),
(6), (7), (8), and (9) were amended to, among other things, formalize the
nature and scope of the Department of Management and Budget's responsibility in
the cost containment area but includes, under subsection 315(7), a requirement
that the Department conduct hearings regarding disputes between a carrier and
health facility or health care provider;
and
WHEREAS, under subsection 315(1); hearings are to be conducted by a hearing
referee or a workers' compensation magistrate, as applicable, on issues
concerning reasonable medical, surgical, and hospital services and medicines, or other attendance or treatment recognized by
the laws of this State as being within the requirements of Public Act 317 of
1969, as amended, being section 418.101 et seq., of the Michigan
Compiled Laws; and
WHEREAS, subsection 315(2) provides that all
fees or charges for any treatment or attendance, service, devices, apparatus,
or medicine under subsection 315(1), shall be subject to rules promulgated by
the Department of Management and Budget;
and
WHEREAS, section 841, being section
418.841 of the Michigan Compiled Laws, provides
that the Bureau of Workers' Disability Compensation shall determine all
questions arising under Public Act 317 of 1969, as amended and section 847,
being section
418.847 of the Michigan Compiled Laws, provides
the procedure for commencing such hearings before the Bureau; and
WHEREAS, it is in the public interest to
eliminate duplication and to increase the State's efficiency and effectiveness
of services; and
WHEREAS, Article
V, section 2, of the Michigan Constitution of 1963
empowers the Governor to make changes in the organization of the Executive
Branch or assignment of functions among its units which are necessary for
efficient administration.
NOW, THEREFORE, I, JAMES J. BLANCHARD,
Governor of the State of Michigan, pursuant to the authority vested in me by Article
V, section 2, of the Constitution
of the State of Michigan, do hereby order the
following:
All the powers, duties, functions and
responsibilities of the Department of Management and Budget to conduct hearings
pursuant to subsection 7 of section 315 of Public Act 195 of 1981, as amended
by Public Act 103 of 1985, are hereby transferred to the Department of Labor,
Bureau of Workers' Disability Compensation.
In fulfillment of the requirements of Article
V, section 2, of the Constitution of the State of Michigan, the provisions of this Executive Order shall become
effective on August 10, 1986.
END OF
DOCUMENT
WHEREAS, section 315 of Act 103 of the Public
Acts of 1985, being section
418.315 of the Michigan Compiled Laws,
establishes a program in the Department of Management and Budget, to constrain
increases in -related workers' compensation costs; and
WHEREAS, the Department of Management and
Budget has promulgated rules required under subsection 315(2) relating to all
fees and charges for treatment, attendance, service, devices, apparatus, or
medicine under subsection 315(1); and
WHEREAS, by Executive Order 1986-8 (see
also: Executive Reorganization Order
1986-3), the conduct of hearings pursuant to subsection 316(7) was transferred
to the Bureau of Workers' Disability Compensation within the Department of
Labor; and
WHEREAS, the Bureau of Workers' Disability
Compensation oversees the general operation of the workers' compensation system
in Michigan and regularly communicates with employers, insurance carriers, and
workers' representatives on a variety of issues concerning workers' disability
compensation; and
WHEREAS, the workers' compensation health care
rules are an integral part of the workers' compensation system in Michigan and
interrelate with other functions assigned to the Bureau of Workers' Disability
Compensation; and
WHEREAS, it is in the public interest to
eliminate duplication and to increase the State's efficiency and effectiveness
of services; and
WHEREAS, Act 205 of the Public Acts of 1990
shifts appropriations for workers' compensation administrative rule functions
from the Department of Management and Budget to the Bureau of Workers'
Disability Compensation within the Department of Labor; and
WHEREAS, Article
V, section 2, of the Michigan Constitution of 1963
empowers the Governor to make changes in the organization of the Executive
Branch or assignment of functions among its units which are necessary for
efficient administration.
NOW, THEREFORE, I, JAMES J. BLANCHARD,
Governor of the State of Michigan, pursuant to the authority vested in me by
the Michigan Constitution of 1963 and the laws of the State of Michigan, do
hereby Order the following:
All statutory authority, powers, duties,
functions, and responsibilities of the Department of Management and Budget
pursuant to subsections (2), (3), (4), (5), (6), (7), (8), and (9) of Section
315 of Act No. 103 of the Public Acts of 1985, being subsections (2), (3), (4),
(5), (6), (7), (8), and (9) of Section
418.315 of the Compiled Laws of 1985, are hereby
transferred to the Bureau of Workers' Disability Compensation within the
Department of Labor.
All records, property, personnel and
unexpended balances of appropriations, allocations
and other funds used, held, employed, available, or to be made available to the
Department of Management and Budget, for any of the functions transferred
herein are also transferred to the Bureau of Workers' Disability Compensation
within the Department of Labor.
After the effective date of this Order, the
Department of Management and Budget and the Bureau of Workers' Disability
Compensation within the Department of Labor shall make internal organization
changes as may be administratively necessary to complete the realignment of
responsibilities prescribed by this Order.
It is intended, however, that the personnel changes authorized by this
Order shall be achieved without adversely affecting the existing rights and
interests of individual employees.
In fulfillment of the requirements of Article
V, section 2, of the Constitution of the State of Michigan, the provisions of this Executive Order shall become
effective on October 1, 1990.
END OF
DOCUMENT
WHEREAS, Article
V, Section 2, of the Constitution of the state of Michigan of 1963 empowers the Governor to make changes in the organization
or in the assignment of functions among its units that he considers necessary
for efficient administration; and
WHEREAS, the Bureau of Workers' Disability
Compensation of the Department of Consumer and Industry Services is the primary
state department with regulatory responsibility for the Michigan's workers'
compensation program pursuant to Act No. 317 of the Public Acts of 1969, being Section
418.101 et seq. of the Michigan Compiled Laws; and
WHEREAS, since the inception of workers'
compensation self-insurance in the state of Michigan from its creation by the
legislature, through 1998, the Bureau of Workers' Disability Compensation has
had sole responsibility for the regulation of both individual self-insured
employers and self-insured employer groups;
and
WHEREAS, self-insured group funds consist of
employers in the same industry that jointly and severally guarantee payment of
workers' compensation benefits to employees of members of the fund that are
injured in the course of their employment, and public employers of the same
type of unit that jointly guarantee payment;
and
WHEREAS, the Bureau of Workers' Disability
Compensation under the Workers' Compensation Disability Act, Act No. 317 of the
Public Acts of 1969, being Section
418.611(b)(2) of the Michigan Compiled Laws, is
required to approve such self-insured group funds before they can provide such
coverage; and
WHEREAS, Section 2016 of Act No. 457 of the
Public Acts of 1998, being Section
500.2016 of the Michigan Compiled Laws, created
in the Insurance Code, provides that certain practices by workers' compensation
self-insured group funds are unfair methods of competition and unfair and
deceptive acts or practices in the business of insurance; and that enforcement and oversight of these
practices would be handled by Michigan Insurance Bureau; and
WHEREAS, it is organizationally sound and
appropriate to continue to concentrate sole regulation of workers' compensation
self-insurance and regulation of group funds specifically in the Bureau of
Workers' Disability Compensation; and
WHEREAS, the Bureau of Workers' Disability
Compensation can more effectively and efficiently carry out the regulation of
workers' compensation group funds and the Insurance Bureau's expertise and
oversight is and has historically been restricted to insurance carriers under
the Insurance Code; and
WHEREAS, the Insurance Code, Act No. 218 of
the Public Acts of 1956, being Sections
500.2038 and 500.2040
of the Michigan Compiled Laws, provides that the remedy for violation of unfair trade
practices as determined by the Insurance Commissioner is revocation of the
violator's Certificate of Authority; and
WHEREAS, such self-insured group funds are not
insurance carriers pursuant to the Insurance Code and therefore do not carry on
their activities pursuant to insurance authority certificates issued under the
Insurance Code; and
WHEREAS, the Bureau of Workers' Disability
Compensation is the proper agency to oversee the determination of such unfair
trade practices as applicable to workers' compensation coverage by self-insured
group funds as provided in Section 2016 of Act No. 457 of the Public Acts of
1998, being Section
500.2016 of the Michigan Compiled Laws.
NOW, THEREFORE, I, John Engler, Governor of
the state of Michigan, pursuant to the powers vested in me by the Constitution
of the state of Michigan of 1963 and the laws of the state of Michigan do
hereby order the following:
All the authority, powers, duties, functions,
grants and responsibilities of the Insurance Bureau to determine unfair methods
of competition and unfair and deceptive acts or practices as applied to workers'
compensation coverage provided through a self-insurer's group, provided for in
Act No. 457 of the Public Acts of 1998, being Section
500.2016 of the Michigan Compiled Laws, are
hereby transferred to the Bureau of Workers' Disability Compensation.
The
Director of the Department of Consumer and Industry Services shall provide
executive direction and supervision for the implementation of the transfer.
The Director of the Bureau of Workers'
Disability Compensation and the Commissioner of the Insurance Bureau shall make
internal organizational changes as may be administratively necessary to
complete the realignment of responsibilities prescribed by this Order.
All records, personnel, property, grants and
unexpended balances of appropriations, allocations and other funds used, held,
employed, available or to be made available to the Insurance Bureau for the
activities, powers, duties, functions and responsibilities transferred by this
Order are hereby transferred to the Bureau of Workers' Disability Compensation.
All rules, orders, contracts, grants and
agreements relating to the functions transferred to the Bureau of Workers'
Disability Compensation lawfully adopted prior to the effective date of this
Order shall continue to be effective until revised, amended or repealed.
Any suit, action or other proceeding lawfully
commenced by, against or before any entity affected by this Order shall not
abate by the reason of the taking effect of this Order.
In fulfillment of the requirement of Article
V, Section 2, of the Constitution of the state of Michigan of 1963, the provisions of this Executive Order shall become effective sixty (60) days
after the filing of this Order.
Given under my hand and the Great Seal of the
state of Michigan this 25th day of June, in the Year of our Lord, One Thousand
Nine Hundred Ninety-Nine.
END OF
DOCUMENT
Sec. 101. This act shall be known and may be
cited as the "worker's disability compensation act of 1969".
END OF
DOCUMENT
Sec. 111. Every employer, public and private,
and every employee, unless herein otherwise specifically provided, shall be
subject to the provisions of this act and shall be bound thereby.
END OF
DOCUMENT
Sec. 115. This act shall apply to:
(a) All private employers, other than
agricultural employers, who regularly employ 3 or more employees at 1 time.
(b) All private employers, other than
agricultural employers, who regularly employ less than 3 employees if at least
1 of them has been regularly employed by that same employer for 35 or more
hours per week for 13 weeks or longer during the preceding 52 weeks.
(c) All public employers, irrespective of the
number of persons employed.
(d) All agricultural employers of 3 or more
regular employees paid hourly wages or salaries, and not paid on a piecework
basis, who are employed 35 or more hours per week by that same employer for 13
or more consecutive weeks during the preceding 52 weeks. Coverage shall apply only to such regularly
employed employees. The average weekly
wage for such an employee shall be deemed to be the weeks worked in
agricultural employment divided into the total wages which the employee has
earned from all agricultural occupations during the 12 calendar months
immediately preceding the injury, and no other definition pertaining to average
weekly wage shall be applicable.
(e) All agricultural employers of 1 or more
employees who are employed 35 or more hours per week by that same employer for
5 or more consecutive weeks shall provide for
such employees, in accordance with rules established by the director, medical
and hospital coverage as set forth in section 315 [FN1] for all personal injuries arising out of and in the course
of employment suffered by such employees not otherwise covered by this
act. The provision of such medical and
hospital coverage shall not affect any rights of recovery that an employee
would otherwise have against an agricultural employer and such right of
recovery shall be subject to any defense the agricultural employer might
otherwise have. Section 141 [FN2] shall not apply to
cases, other than medical and hospital coverages provided herein, arising under
this subdivision nor shall it apply to actions brought against an agricultural
employer who is not voluntarily or otherwise subject to this act. No person shall be considered an employee of
an agricultural employer if the person is a spouse, child or other member of
the employer's family, as defined in subdivision (b) of section 353 [FN3] residing in the
home or on the premises of the agricultural employer.
All other agricultural employers not included
in subdivisions (d) and (e) shall be exempt from the provisions of this act.
[FN1] M.C.L.A.
§ 418.315.
[FN2] M.C.L.A.
§ 418.141.
[FN3] M.C.L.A.
§ 418.353.
END OF
DOCUMENT
Sec. 118. (1) No household domestic servant
shall be considered an employee if the person is a wife, child or other member
of the employer's family residing in the home, and no householder shall be
deemed a statutory principal within the meaning of section 171 [FN1] for the purposes of this section.
(2) No private employer shall be liable under
this act to any person who is employed by him as a household domestic servant
for less than 35 hours per week for 13 weeks or longer during the preceding 52
weeks, notwithstanding the provisions of section 611 [FN2] or any other provision of this act, unless such person
assume liability under section 121. [FN3]
(3) A household domestic servant or domestic
as used in this act means a person who engages in work or activity relating to
the operation of a household and its surroundings whether or not he resides
therein.
[FN1] M.C.L.A.
§ 418.171.
[FN2] M.C.L.A.
§ 418.611.
[FN3] M.C.L.A.
§ 418.121.
END OF
DOCUMENT
Sec. 119. A person who is licensed as a real
estate salesperson or associate real estate broker under article 25 of Act No.
299 of the Public Acts of 1980, being sections
339.2501 to 339.2515
of the Michigan Compiled Laws, shall not be
considered an employee for purposes of this act if both of the following
conditions have been met:
(a) Not less than 75% of the remuneration of
the salesperson or associate real estate broker is directly related to the
volume of sales of real estate and not to the number of hours worked.
(b) The salesperson or associate real estate
broker has a written agreement with the real estate broker who employs the
salesperson or associate real estate broker, which states that the salesperson
or associate real estate broker, as applicable, is not considered an employee
for tax purposes.
END OF
DOCUMENT
Sec. 121. Any private employer not otherwise
included by sections 115 and 118 [FN1] may assume the
liability for compensation and benefits imposed by this act upon
employers. The purchase and acceptance
by an employer of a valid compensation insurance policy, except in the case of
domestics and agricultural employees, constitutes an assumption by him of such
liability without any further act on his part, which assumption of liability
shall take effect from the effective date of the policy and continue only as
long as the policy remains in force, in which case the employer shall be
subject to no liability other than workmen's compensation as provided for in
this act. Agricultural and domestic
employees may be voluntarily included by specific indorsement to a workmen's
compensation policy in those cases where such coverage is not required.
[FN1] M.C.L.A.
§ § 418.115
and 418.118.
END OF
DOCUMENT
Sec. 125. Any employer otherwise subject to
the provisions of this act who consistently discharges employees within the
minimum time specified in this chapter and replaces such discharged employees
without a work stoppage will be presumed to have discharged them to evade the
provisions of this act and is guilty of a misdemeanor.
END OF
DOCUMENT
Sec. 131. (1) The right to the recovery of
benefits as provided in this act shall be the employee's exclusive remedy
against the employer for a personal injury or occupational disease. The only exception to this exclusive remedy is
an intentional tort. An intentional tort
shall exist only when an employee is injured as a result of a deliberate act of
the employer and the employer specifically intended an injury. An employer shall be deemed to have intended
to injure if the employer had actual knowledge that an injury was certain to
occur and willfully disregarded that knowledge.
The issue of whether an act was an intentional tort shall be a question
of law for the court. This subsection
shall not enlarge or reduce rights under law.
(2) As used in this section and section 827, [FN1]
"employee" includes the person injured, his or her personal
representatives, and any other person to whom a claim accrues by reason of the
injury to, or death of, the employee, and "employer" includes the
employer's insurer and a service agent to a self- insured employer insofar as
they furnish, or fail to furnish, safety inspections or safety advisory
services incident to providing worker's compensation insurance or incident to a
self-insured employer's liability servicing contract.
[FN1] M.C.L.A.
§ 418.827.
END OF
DOCUMENT
Sec. 141. In an action to recover damages for
personal injury sustained by an employee in the course of his employment or for
death resulting from personal injuries so sustained it shall not be a defense:
(a) That the employee was negligent, unless it
shall appear that such negligence was wilful.
(b) That the injury was caused by the
negligence of a fellow employee.
(c) That the employee had assumed the risks
inherent in or incidental to, or arising out of his employment, or arising from
the failure of the employer to provide and maintain safe premises and suitable
appliances.
END OF
DOCUMENT
Sec. 151. The following constitutes employers
subject to this act:
(a) The state;
each county, city, township, incorporated village, and school
district; each incorporated public board
or public commission in this state authorized by law to hold property and to
sue or be sued generally; and any
library in a county with a population less than 600,000 established under Act
No. 138 of the Public Acts of 1917,
being sections
397.301 to 397.305
of the Michigan Compiled Laws, if the library
board by resolution expresses its intention to be considered as a separate
employer from the county where it is located for purposes of this act.
(b) Every person, firm, limited liability
company, limited liability partnership, and private corporation, including any
public service corporation, who has any person in service under any contract of
hire, express or implied, oral or written, unless those employees excluded
according to the provisions of section 161(5)
[FN1] comprise all of
the employees of the person, firm, limited liability company, limited liability
partnership, or corporation.
[FN1] M.C.L.A.
§ 418.161(5).
END OF
DOCUMENT
Sec. 155. (1) An agricultural employer means
one who hires a person performing services:
(a) On a farm, in connection with cultivating
the soil, or in connection with raising or harvesting any agricultural or
horticultural commodity, including the raising, shearing, feeding, caring for,
training and management of livestock, bees, poultry and fur-bearing animals and
wildlife.
(b) In the employ of the owner or tenant or
other operator of a farm, in connection with the operation, management,
conservation, improvement or maintenance of such farm and its tools and
equipment or in salvaging timber or clearing land of brush and other debris
left by a hurricane, if the major part of such service is performed on a farm.
(c) In connection with the production or
harvesting of maple syrup or maple sugar or any commodity defined as an
agricultural commodity or in connection with the raising or harvesting of
mushrooms or in connection with the hatching of poultry or in connection with
the operation or maintenance of ditches, canals, reservoirs or waterways used
exclusively for supplying and storing water for farming purposes.
(d) In handling, planting, drying, packing,
packaging, processing, freezing, grading, storing or delivering to storage or
to market or to a carrier for transportation
to market, any agricultural or horticultural commodity but only if such service
is performed as an incident to ordinary farming operations or in the case of
fruits and vegetables as an incident to the preparation of such fruits or
vegetables for market. The provisions of
this subdivision shall not be deemed to be applicable with respect to service
performed in connection with commercial canning or commercial freezing or in
connection with any agricultural or horticultural commodity after its delivery
to a terminal market for distribution for consumption.
(2) As used in this section, farm includes
stock, dairy, poultry, fruit, fur- bearing animals and truck farms,
plantations, ranches, nurseries, ranges, greenhouses or other similar
structures used primarily for the raising of agricultural or horticultural
commodities and orchards.
END OF
DOCUMENT
Sec. 161. (1) As used in this act,
"employee" means:
(a) A person in the service of the state, a
county, city, township, village, or school district, under any appointment, or
contract of hire, express or implied, oral or written. A person employed by a contractor who has
contracted with a county, city, township, village, school district, or the
state, through its representatives, shall not be considered an employee of the
state, county, city, township, village, or school district which made the
contract, when the contractor is subject to this act.
(b) Nationals of foreign countries employed
pursuant to section 102(a)(1) of the mutual educational and cultural exchange
act of 1961, Public Law 87- 256, 22
U.S.C. 2452, shall not be considered employees
under this act.
(c) Police officers, fire fighters, or
employees of the police or fire departments, or their dependents, in
municipalities or villages of this state providing like benefits, may waive the
provisions of this act and accept like benefits that are provided by the
municipality or village but shall not be entitled to like benefits from both
the municipality or village and this act; however, this waiver shall not
prohibit such employees or their dependents from being reimbursed under section
315 [FN1] for the medical expenses or portion of medical expenses
that are not otherwise provided for by the municipality
or village. This act shall not be construed
as limiting, changing, or repealing any of the provisions of a charter of a
municipality or village of this state relating to benefits, compensation,
pensions, or retirement independent of this act, provided for employees.
(d) On-call members of a fire department of a
county, city, village, or township shall be considered to be employees of the
county, city, village, or township, and entitled to all the benefits of this
act when personally injured in the performance of duties as on-call members of
the fire department whether the on-call member of the fire department is paid
or unpaid. On-call members of a fire
department of a county, city, village, or township shall be considered to be
receiving the state average weekly wage at the time of injury, as last
determined under section 355, from the county, village, city, or township for
the purpose of calculating the weekly rate of compensation provided under this
act except that if the member's average weekly wage was greater than the state
average weekly wage at the time of the injury, the member's weekly rate of
compensation shall be determined based on the member's average weekly wage.
(e) On-call members of a fire department or an
on-call member of a volunteer underwater diving team that contracts with or
receives reimbursement from 1 or more counties, cities, villages, or townships
shall be entitled to all the benefits of
this act when personally injured in the performance of their duties as on-call
members of a fire department or as an on-call member of a volunteer underwater
diving team whether the on-call member of the fire department or the on-call
member of the volunteer underwater diving team is paid or unpaid. On- call members of a fire department shall
be considered to be receiving the state average weekly wage at the time of
injury, as last determined under section 355,
[FN2] from the fire
department for the purpose of calculating the weekly rate of compensation
provided under this act except that if the member's average weekly wage was
greater than the state average weekly wage at the time of the injury, the
member's weekly rate of compensation shall be determined based on the member's
average weekly wage. On-call members of
a volunteer underwater diving team shall be considered to be receiving the
state average weekly wage at the time of injury, as last determined under
section 355, from the fire department for the purpose of calculating the weekly
rate of compensation provided under this act except that if the member's
average weekly wage was greater than the state average weekly wage at the time
of the injury, the member's weekly rate of compensation shall be determined
based on the member's average weekly wage.
(f) The benefits of this act shall be
available to a safety patrol officer who is engaged in traffic regulation and
management for and by authority of a county,
city, village, or township, whether the officer is paid or unpaid, in the same
manner as benefits are available to on-call members of a fire department under
subdivision (d), upon the adoption by the legislative body of the county, city,
village, or township of a resolution to that effect. A safety patrol officer or safety patrol
force when used in this act includes all persons who volunteer and are registered
with a school and assigned to patrol a public thoroughfare used by students of
a school.
(g) A volunteer civil defense worker who is a
member of the civil defense forces as provided by law and is registered on the
permanent roster of the civil defense organization of the state or a political
subdivision of the state shall be considered to be an employee of the state or
the political subdivision on whose permanent roster the employee is enrolled
when engaged in the performance of duty and shall be considered to be receiving
the state average weekly wage at the time of injury, as last determined under
section 355, from the state or political subdivision for purposes of
calculating the weekly rate of compensation provided under this act.
(h) A volunteer licensed under section 20950
or 20952 of the public health code, 1978 PA 368, MCL
333.20950 and 333.20952, who is an on-call member of a life support agency as
defined under section 20906 of the public health code, 1978 PA 368, MCL
333.20906, shall be considered to be an employee of the county, city, village, or
township and entitled to the benefits of this act when personally injured in
the performance of duties as an on-call member of a life support agency whether
the on-call member of the life support agency is paid or unpaid. An on-call member of a life support agency
shall be considered to be receiving the state average weekly wage at the time
of injury, as last determined under section 355, from the county, city,
village, or township for purposes of calculating the weekly rate of
compensation provided under this act except that if the member's average weekly
wage was greater than the state average weekly wage at the time of the injury,
the member's weekly rate of compensation shall be determined based on the
member's average weekly wage.
(i) A volunteer licensed under section 20950
or 20952 of the public health code, 1978 PA 368, MCL
333.20950 and 333.20952, who is an on-call member of a life support agency as
defined under section 20906 of the public health code, 1978 PA 368, MCL
333.20906, that contracts with or receives
reimbursement from 1 or more counties, cities, villages, or townships shall be
entitled to all the benefits of this act when personally injured in the
performance of his or her duties as an on-call member of a life support agency
whether the on-call member of the life support agency is paid or unpaid. An on-call member of a life support agency
shall be considered to be receiving the state
average weekly wage at the time of injury, as last determined under section
355, from the life support agency for the purpose of calculating the weekly
rate of compensation provided under this act except that if the member's
average weekly wage was greater than the state average weekly wage at the time
of the injury, the member's weekly rate of compensation shall be determined
based on the member's average weekly wage.
(j) If a member of an organization recognized
by 1 or more counties, cities, villages, or townships within this state as an
emergency rescue team is employed by a state, county, city, village, or
township within this state as a police officer, fire fighter, emergency medical
technician, or ambulance driver and is injured in the normal scope of duties
including training, but excluding activation, as a member of the emergency
rescue team, he or she shall be considered to be engaged in the performance of
his or her normal duties for the state, county, city, village, or
township. If the member of the emergency
rescue team is not employed by a state, county, city, village, or township
within this state as a police officer, fire fighter, emergency medical
technician, or ambulance driver, and is injured in the normal scope of duties,
including training, as a member of the emergency rescue team, he or she shall
be considered to be an employee of the team.
For the purpose of securing the payment of compensation under this act,
on activation, each member of the team shall
be considered to be covered by a policy obtained by the team unless the
employer of a member of the team agrees in writing to provide coverage for that
member under its policy. Members of an
emergency rescue team shall be considered to be receiving the state average weekly
wage at the time of injury, as last determined under section 355, from the team
for the purpose of calculating the weekly rate of compensation provided under
this act except that if the member's average weekly wage was greater than the
state average weekly wage at the time of the injury, the member's weekly rate
of compensation shall be determined based on the member's average weekly
wage. As used in this subdivision,
"activation" means a request by the emergency management coordinator
appointed pursuant to section 8 or 9 of the emergency management act, 1976 PA
390, MCL
30.408 and 30.409, made of and accepted by an emergency rescue team.
(k) A political subdivision of this state
shall not be required to provide compensation insurance for a peace officer of
the political subdivision with respect to the protection and compensation
provided by 1937 PA 329, MCL
419.101 to 419.104.
(l) Every person in the service of
another, under any contract of hire, express or implied, including aliens; a person regularly employed on a full- time
basis by his or her spouse having specified hours of employment at a specified rate of pay; working members of partnerships receiving
wages from the partnership irrespective of profits; a person insured for whom and to the extent
premiums are paid based on wages, earnings, or profits; and minors, who shall be considered the same
as and have the same power to contract as adult employees. Any minor under 18 years of age whose
employment at the time of injury shall be shown to be illegal, in the absence
of fraudulent use of permits or certificates of age in which case only single
compensation shall be paid, shall receive compensation double that provided in
this act.
(m) Every person engaged in a federally funded
training program or work experience program which mandates the provision of
appropriate worker's compensation for participants and which is sponsored by
the state, a county, city, township, village, or school district, or an
incorporated public board or public commission in the state authorized by law
to hold property and to sue or be sued generally, or any consortium thereof,
shall be considered, for the purposes of this act, to be an employee of the
sponsor and entitled to the benefits of this act. The sponsor shall be responsible for the
provision of worker's compensation and shall secure the payment of compensation
by a method permitted under section 611.
[FN3] If a sponsor contracts with a public or
private organization to operate a program, the sponsor may require the
organization to secure the payment of compensation by a method permitted under section 611.
(n) Every person performing service in the
course of the trade, business, profession, or occupation of an employer at the
time of the injury, if the person in relation to this service does not maintain
a separate business, does not hold himself or herself out to and render service
to the public, and is not an employer subject to this act.
(2) A policy or contract of worker's compensation
insurance, by endorsement, may exclude coverage as to any 1 or more named
partners or the spouse, child, or parent in the employer's family. A person excluded pursuant to this subsection
shall not be subject to this act and shall not be considered an employee for
the purposes of section 115. [FN4]
(3) An employee who is subject to this act,
including an employee covered pursuant to section 121, [FN5] who is an employee of a limited liability company of not
more than 10 members and who is also a manager and member, as defined in
section 102 of the Michigan limited liability company act, 1993 PA 23, MCL
450.4102, and who owns at least a 10% interest in
that limited liability company, with the consent of the limited liability
company as approved by a majority vote of the members, or if the limited
liability company has more than 1 manager, all of the managers who are also
members, except as otherwise provided in an operating agreement, may elect to
be individually excluded from this act by
giving a notice of the election in writing to the carrier with the consent of
the limited liability company endorsed on the notice. The exclusion shall remain in effect until
revoked by the employee by giving notice in writing to the carrier. While the exclusion is in effect, section
141 [FN6] shall not apply
to any action brought by the employee against the limited liability company.
(4) An employee who is subject to this act,
including an employee covered pursuant to section 121, who is an employee of a
corporation which has not more than 10 stockholders and who is also an officer
and stockholder who owns at least 10% of the stock of that corporation, with
the consent of the corporation as approved by its board of directors, may elect
to be individually excluded from this act by giving a notice of the election in
writing to the carrier with the consent of the corporation endorsed on the
notice. The exclusion shall remain in
effect until revoked by the employee by giving a notice in writing to the
carrier. While the exclusion is in
effect, section 141 shall not apply to any action brought by the employee
against the corporation.
(5) If the persons to be excluded from
coverage under this act pursuant to subsections (2) to (4) comprise all of the
employees of the employer, those persons may elect to be excluded from being
considered employees under this act by submitting written notice of that
election to the director upon a form prescribed
by the director. The exclusion shall
remain in effect until revoked by giving written notice to the director.
[FN1] M.C.L.A.
§ 418.315.
[FN2] M.C.L.A.
§ 418.355.
[FN3] M.C.L.A.
§ 418.611.
[FN4] M.C.L.A.
§ 418.115.
[FN5] M.C.L.A.
§ 418.121.
[FN6] M.C.L.A.
§ 418.141.
END OF
DOCUMENT
Sec. 171. (1) If any employer subject to the provisions
of this act, in this section referred to as the principal, contracts with any
other person, in this section referred to as the contractor, who is not subject
to this act or who has not complied with the provisions of section 611, [FN1] and who does not
become subject to this act or comply with the provisions of section 611 prior
to the date of the injury or death for which claim is made for the execution by
or under the contractor of the whole or any part of any work undertaken by the
principal, the principal shall be liable to pay to any person employed in the
execution of the work any compensation under this act which he or she would
have been liable to pay if that person had been immediately employed by the
principal. If compensation is claimed
from or proceedings are taken against the principal, then, in the application
of this act, reference to the principal shall be substituted for reference to
the employer, except that the amount of compensation shall be calculated with
reference to the earnings of the person under the employer by whom he or she is
immediately employed. A contractor shall
be deemed to include subcontractors in all cases where the principal gives
permission that the work or any part thereof be performed under subcontract.
(2) If the principal is liable to pay
compensation under this section, he or she
shall be entitled to be indemnified by the contractor or subcontractor. The employee shall not be entitled to recover
at common law against the contractor for any damages arising from such injury
if he or she takes compensation from such principal. The principal, in case he or she pays
compensation to the employee of such contractor, may recover the amount so paid
in an action against such contractor.
(3) This section shall apply to a principal
and contractor only if the contractor engages persons to work other than
persons who would not be considered employees under section 161(1)(d). [FN2]
(4) Principals willfully acting to circumvent
the provisions of this section or section 611 by using coercion, intimidation,
deceit, or other means to encourage persons who would otherwise be considered
employees within the meaning of this act to pose as contractors for the purpose
of evading this section or the requirements of section 611 shall be liable
subject to the provisions of section 641. [FN3] Nothing in this
section shall be construed to prohibit an employee from becoming a contractor
subject to the provisions of section 151. [FN4] A principal may demand that the contractor
enter into a written agreement with the principal agreeing to reimburse the
principal for any loss incurred under this section due to a claim filed
pursuant to this act for compensation and other benefits.
[FN1] M.C.L.A.
§ 418.611.
[FN2] M.C.L.A.
§ 418.161(1)(d).
[FN3] M.C.L.A.
§ 418.641.
[FN4] M.C.L.A.
§ 418.151.
END OF
DOCUMENT
Sec. 201. The bureau of worker's compensation,
herein referred to as the bureau, is created within the department of
labor. The position of director of the
bureau is created. The director shall
possess the powers and perform the duties granted and imposed by this act. As used in this act, "director"
means the director of the bureau or his or her duly authorized representative.
END OF
DOCUMENT
Sec. 203. The director shall be appointed by
the governor, with the advice and consent of the senate, for a term of 3 years,
beginning on February 1, 1967 and each 3 years thereafter. The director shall hold office until his
successor is appointed and qualified.
The director shall receive an annual salary as appropriated by the
legislature. He shall be subject to
removal by the governor for cause after due notice and hearing. A vacancy shall be filled for an unexpired
term in the same manner as the original appointment. The director shall be entitled to necessary
traveling expenses incurred in the performance of official duties subject to
the standardized travel regulations of the state.
END OF
DOCUMENT
Sec. 205. The director shall devote his or her
entire time to and personally perform the duties of his or her office and shall
engage in no other business or professional activity. He or she may make rules not inconsistent
with this act for carrying out the provisions of the act in accordance with Act
No. 306 of the Public Acts of 1969, as amended, being sections
24.201 to 24.328
of the Michigan Compiled Laws. He or she shall appoint such assistants and
employees as may be necessary, who shall be entitled to necessary travel
expenses incurred in the performance of official duties subject to the
standardized travel regulations of the state, and such compensation as shall be
determined in accordance with civil service rules where applicable. He or she shall appoint an assistant who shall
have charge of the Detroit office of the bureau. He or she shall have general supervisory
control of the bureau and all officers and employees thereunder. He or she shall have charge of the assignment
of the work of the bureau to the assistants, hearing referees, and
employees. He or she shall have charge
of the docketing and progress of contested cases including the power to order a
hearing referee to dismiss without prejudice for lack of progress in the absence
of good cause shown, in accordance with rules and procedures established for
effecting these purposes. However, cases involving a carrier terminating the
payment of benefits which had been paid
voluntarily and cases involving a petition to stop or reduce compensation shall
take precedence over other cases and a hearing thereon shall be held within 60
days. The director is authorized to
provide assistance to employers and employees in the resolution of small disputes. He or she shall have general charge of all
administrative functions of the bureau and may delegate such duties, the
performance of such administrative functions, and the authority incident
thereto.
END OF
DOCUMENT
Sec. 206. (1) The position of hearing referee
under this act is abolished as of March 31, 1987.
(2) Only worker's compensation magistrates
shall hear cases for which an application for a hearing under section 847 [FN1] has been filed after March 31, 1986 and shall have the
powers and perform the duties prescribed in this act.
(3) Any case for which an application for a
hearing under section 847 has been filed before April 1, 1986 and which has not
been heard by a hearing referee by March 31, 1987 shall be heard by a worker's
compensation magistrate according to the law and procedures applicable to cases
heard by hearing referees.
[FN1] M.C.L.A.
§ 418.847.
END OF
DOCUMENT
Sec. 207. The chairperson of the worker's
compensation board of magistrates shall consult with law schools, the state bar
of Michigan, and other legal associations for the purpose of establishing
introductory and continuing legal education courses in worker's
compensation. Worker's compensation
magistrates, as a condition of continued employment, may be required to attend
these courses. Applicants for the
position of worker's compensation magistrate may also be required to attend
these courses.
END OF DOCUMENT
Sec. 209. (1) The governor shall appoint a
6-member qualifications advisory committee.
The committee shall consist of persons who have experience in the area
of worker's compensation. Employer
interests and employee interests shall be equally represented on the committee.
(2) Members shall be appointed for terms of 4
years except that of the members first appointed, 2 shall be appointed for
terms of 2 years, 2 shall be appointed for terms of 3 years, and 2 shall be
appointed for terms of 4 years. Of the 2 members appointed for the 2-year,
3-year, and 4-year terms, 1 member representing employer interests and 1 member
representing employee interests shall be appointed. A member shall not serve beyond the
expiration of his or her term. The
initial members shall be appointed not later than October 1, 1985.
(3) A quorum shall consist of 4 members. All business of the committee shall be
conducted by not less than a quorum.
(4) Members of the qualifications advisory
committee shall serve without compensation, but shall be reimbursed for all
necessary expenses in connection with the discharge of their official duties as
members of the committee.
(5) Staff and offices for the committee shall
be provided by the bureau.
(6) The committee shall have the powers and
perform the duties provided for under
sections 210, 212, and 274. [FN1]
[FN1] M.C.L.A.
§ § 418.210,
418.212, and 418.274.
END OF
DOCUMENT
Sec. 210. (1) The qualifications advisory
committee, in consultation with the board of magistrates, shall develop a
written examination. The examination
shall be administered to applicants for the position of worker's compensation
magistrate in order to determine the applicant's ability and knowledge with
regard to worker's compensation in the following areas:
(a) Knowledge of this act.
(b) Skills with regard to fact finding.
(c) The Michigan rules of evidence.
(d) A basic understanding of human anatomy and
physiology.
(2) An applicant for the position of worker's
compensation magistrate, including those persons who were employed as hearing
referees under this act on or before March 31, 1987, who successfully completes
the examination provided for under subsection (1) or who has not less than 5
years experience as an attorney in the field of worker's compensation shall be
interviewed by the qualifications advisory committee for the position of
worker's compensation magistrate. To
meet the requirement of 5 years' legal experience as an attorney in the field
of worker's compensation, an applicant must document to the qualifications
advisory committee a period of time totaling 5 years during which the applicant
met 1 of the following criteria:
(a)
A significant portion of the applicant's personal practice has been in active
worker's compensation trial practice representing claimants or employers.
(b) A significant portion of the applicant's
personal practice has been in active worker's compensation appellate practice
representing claimants or employers.
(c) Service as a member of the former worker's
compensation appeal board or the worker's compensation appellate commission.
(3) The qualifications advisory committee,
after completing personal interviews of the eligible applicants, shall
determine which of the applicants are considered qualified for the position of
worker's compensation magistrate. A person determined to be qualified before
this 1994 amendatory act shall continue to be considered qualified after the
effective date of this 1994 amendatory act.
The personal interviews shall be used to determine the applicant's
suitability for the position, especially with regard to his or her objectivity.
(4)
The governor shall appoint only an applicant determined to be qualified
by the qualifications advisory committee as a worker's compensation magistrate
for each available position pursuant to section 213. [FN1]
(5) The department of labor may develop
pamphlets to assist those persons who desire
to take the examination for worker's compensation magistrate.
[FN1] M.C.L.A.
§ 418.213.
END OF
DOCUMENT
Sec. 211. Hearing referees shall be appointed
by the director, shall devote their entire time to the duties of their office
and shall engage in no other business or professional activity. They shall be attorneys at law licensed to
practice in the courts of this state, except for hearing referees who
immediately prior to the effective date of this act were acting as such.
END OF
DOCUMENT
Sec. 212. (1) The qualifications advisory
committee shall evaluate the performance of each worker's compensation
magistrate at least once every 2 years.
The evaluation shall be based upon at least the following criteria:
(a) The rate of affirmance by the appeal board
and the appellate commission of the worker's compensation magistrate's opinions
and orders.
(b) Productivity including reasonable time
deadlines for disposing of cases.
(c) Manner in conducting hearings.
(d) Knowledge of rules of evidence as
demonstrated by transcripts of the hearings conducted by the worker's
compensation magistrate.
(e) Knowledge of the law.
(f) Evidence of any demonstrable bias against
particular defendants, claimants, or attorneys.
(g) Written surveys or comments of all
interested parties. Information obtained
under this subdivision shall be exempt from disclosure under the freedom of information
act, Act No. 442 of the Public Acts of 1976, being sections
15.231 to 15.246
of the Michigan Compiled Laws.
(2) Upon completing an evaluation under this
section, the qualifications advisory committee shall submit a written report
including any supporting documentation to the governor regarding that
evaluation which may include recommendations
with regard to 1 or more of the following:
(a) Promotion.
(b) Suspension.
(c) Removal.
(d) Additional training or education.
(3) The governor shall respond in writing to
the committee regarding the action taken in response to the report of the
committee.
END OF
DOCUMENT
Sec. 213. (1) The worker's compensation board
of magistrates is established as an autonomous entity in the department of
labor. The board shall consist of 30
members appointed by the governor with the advice and consent of the senate.
The governor shall designate 1 of the
appointees as the member that will be chairperson. A person shall not be appointed to the board
who has not been recommended by the qualifications advisory committee. All members of the board shall be members in
good standing of the state bar of Michigan.
(2) The members of the board shall be
appointed for terms of 4 years . A
member who has served for 12 years shall not be reappointed to a new term. A vacancy caused by the expiration of a term
shall be filled in the same manner as the original appointment. A member shall not serve beyond the
expiration of his or her term unless the qualifications advisory committee
fails to submit a recommendation to the governor before the expiration of the
term. A member may be reappointed. A member appointed to fill a vacancy created
other than by expiration of a term shall be appointed for the balance of the
unexpired term. A member of the board may be removed by the governor for good
cause which shall be explained in writing to the worker's compensation
magistrate. Good cause for removal shall
include, but not be limited to, lack of productivity or other neglect of
duties.
(3)
The governor may designate a member of the board as the chairperson upon a
vacancy occurring in that position. The
chairperson of the board shall have general supervisory control of and be in
charge of the employees of the board and the assignment and scheduling of the
work of the board. In the case of an
extended leave of absence or disability, the chairperson may select temporary
magistrates to serve for not more than 6 months in any 2-year period from a
list maintained by the qualifications advisory committee. The list shall be composed of persons who are
attorneys licensed to practice in this state and who are former or retired
worker's disability compensation magistrates, or former or retired worker's
disability compensation hearing referees or administrative law judges. A temporary magistrate selected by the
chairperson shall have the same powers and duties as an appointed magistrate
under this act. The chairperson may also
establish productivity standards that are to be adhered to by employees of the
board, the board, and individual magistrates. Each member of the board shall
devote full time to the functions of the board. Each member of the board shall
personally perform the duties of the office during the hours generally worked
by officers and employees of the executive departments of the state.
(4) The chairperson of the board shall serve
as chairperson at the pleasure of the governor.
(5)
Each member of the board shall receive an annual salary and shall be entitled
to necessary traveling expenses incurred in the performance of official duties
subject to the standardized travel regulations of the state.
(6) The board may employ the staff it
considers necessary to be able to perform its duties under this act which may
include legal assistants for the purpose of legal research and otherwise
assisting the board and individual members of the board.
(7) The board is an independent body with the
powers and duties as provided for under this act. The board may promulgate rules on
administrative hearing procedures for purposes under this act.
(8) The chairperson of the board may assign
and reassign worker's compensation magistrates to hear cases at locations in
this state.
(9) The department of labor shall provide
suitable office space for the board of worker's compensation magistrates and
the employees of the board.
END OF
DOCUMENT
Sec. 215. The department of administration
shall provide suitable space for the bureau in Lansing, Detroit, the Upper
Peninsula and such other places in the state as, in the discretion of the
director, are necessary. The principal
office of the bureau shall be in Lansing.
END OF
DOCUMENT
Sec. 221. The bureau shall print and furnish
free of charge to any employer or employee such blank forms as the director
deems requisite to facilitate or promote the efficient administration of this
act.
END OF
DOCUMENT
Sec. 222. (1) After March 31, 1986, the
bureau, upon receiving a completed application for mediation or hearing from a
claimant, shall forward a copy of the application to the employer and
carrier. Within 30 days of receiving a
completed application for mediation or hearing from the bureau, the carrier
shall file a written response to the application with the bureau upon a form
provided by the bureau. Any application
for mediation or hearing or any written response which is determined by the
bureau to be incomplete shall be returned with an explanation of the additional
information needed.
(2) At the time of filing an application for
hearing or mediation, the claimant shall also provide the carrier with any
medical records relevant to the claim that are in the claimant's possession. At the time of filing the written response,
the carrier shall also provide the claimant with any medical records of the
carrier or employer concerning the employee that are relevant to the claim and
in existence at the time of filing. The
parties shall submit proof of compliance with this subsection with the bureau.
(3) The application for mediation or hearing
shall be as prescribed by the bureau and shall contain factual information
regarding the nature of the injury, the date of injury, the names and addresses
of any witnesses except employees currently employed by the employer, the names
and addresses of any doctors, hospitals, or
other health care providers who treated the employee with regard to the
personal injury, the name and address of the employer, the dates on which the
employee was unable to work because of the personal injury, whether the
employee had any other employment at the time of, or subsequent to, the date of
the personal injury and the names and addresses of the employers, and any other
information required by the bureau.
(4) The written response of the carrier shall
be as prescribed by the bureau and shall specify any legal grounds supporting
its position, any factual matters that are disputed, whether there was a
medical examination of the claimant and who performed it, and any other
information required by the bureau.
(5) The claimant shall notify the carrier of
the intention to call witnesses who are currently employed by the employer.
(6) The willful failure of a party to comply
with this section shall prohibit that party from proceeding under this act.
END OF
DOCUMENT
Sec. 223. (1) A claim, except a claim
concerning a petition to stop or reduce the payment of compensation or
involving a carrier terminating the payment of benefits which had been
voluntarily paid, shall be mediated by the parties pursuant to this section
under any of the following circumstances:
(a) The claim concerns a definite period of
time and the employee has returned to work.
(b) The claim is for medical benefits only.
(c) If the claimant is not represented by an
attorney.
(d) If the bureau determines that the claim
may be settled by mediation.
(2) All other claims shall be mediated
pursuant to this section by the parties unless a party refuses in writing to
mediate that claim.
(3) The bureau, upon proper notice to all
parties, shall schedule a mediation conference for a claim that is to be
mediated.
(4) Immediately before the mediation
conference is held, the bureau shall review the carrier's response with the
employee. The bureau shall also provide
to the employee a clear and concise explanation of his or her rights and
responsibilities under this act including a reasonable estimate of the maximum
amount of benefits to which he or she would be entitled if the claim is
approved and the amounts that could be deducted for attorney fees and costs.
(5)
If a mediation conference has been held and the claim has not been resolved,
the mediator shall recommend 1 of the following:
(a) If the amount of the claim is for
$2,000.00 or less, that the claim be heard in the small claims division.
(b) If the amount of the claim is for more
than $2,000.00, that the claim be heard at a hearing held pursuant to section
847. [FN1]
(6) If a mediation conference has been held
regarding a claim and a party files an application for a hearing under section
847, a pretrial conference shall not be held unless specifically requested in
writing by a party within 60 days of the completion of the mediation
conference.
(7) The willful failure of a party to comply
with this section shall prohibit that party from proceeding under this act.
[FN1] M.C.L.A.
§ 418.847.
END OF
DOCUMENT
Sec. 225. The director shall cause such
statistics incident to the functions of the bureau to be compiled as may be in
his discretion advisable. On or before
April 1 of each year the director shall make and file a report covering the
year prior to the preceding January 1.
END OF
DOCUMENT
Sec. 230. (1) Except as otherwise provided in
this section, the following records are confidential and exempt from disclosure
under the freedom of information act, 1976 PA 442, MCL
15.231 to 15.246:
(a) Records submitted by an individual
employer or a group of employers to the bureau in support of an application for
self-insured status in the manner provided in section 611. [FN1]
(b) Information concerning the injury of and
benefits paid to an individual worker. This
includes, but is not limited to, all forms, records, and reports filed with or
maintained by the bureau concerning the injury of or benefits paid to a worker.
(c) Worker's disability compensation insurance
policy information submitted to the bureau by an individual employer or group
of employers in accordance with section 615
[FN2] or a notice of
issuance of a policy submitted to the bureau by an insurer in accordance with
section 625. [FN3]
(2) The bureau may release, disclose, or
publish information described in subsection (1) under the following
circumstances:
(a) In the case of subsection (1)(a), (b), or
(c), the bureau may disclose or publish aggregate information for statistical
or research purposes so long as it is disclosed or published in such a way that
the confidentiality of information
concerning individual workers and the financial records of individual employers
or self-insured employers or insurers is protected. The bureau may also release individual
records to a recognized academic or scholarly institution for research purposes
if it is provided with sufficient assurance that the outside individual or
agency will preserve the confidentiality of information concerning individual
workers and the financial records of individual self-insured employers.
(b) In the case of subsection (1)(b), the
bureau may release information to another governmental agency if the
governmental agency provides the bureau with sufficient assurance that it will
preserve the confidentiality of the information. The other agency may use this information to
determine the eligibility of an individual for benefits provided or regulated
by that agency. The bureau or another
agency may disclose the information if it determines that the individual is
receiving benefits to which he or she is not entitled as the result of
receiving more than 1 benefit at the same time.
(c) Except as otherwise provided, information
disclosed in accordance with subdivision (a) or (b) shall continue to be exempt
from disclosure under the freedom of information act, 1976 PA 442, MCL
15.231 to 15.246.
(d) In the case of subsection (1)(b), the
bureau may release individual records to a nonprofit health care corporation,
as defined in section 105 of the nonprofit
health care corporation reform act, 1980 PA 350, MCL
550.1105, for the sole purpose of determining
financial liability for the payment of benefits provided by the
corporation. Any information provided to
the nonprofit health care corporation shall be confidential, as provided in
section 406 of the nonprofit health care corporation reform act, 1980 PA 350, MCL
550.1406.
In a dispute over who assumes liability for the payment of benefits for
a particular claim, the nonprofit health care corporation shall initiate payment
of benefits pending resolution of the dispute.
(e) In the case of subsection (1)(c), in
response to a request that pertains to a specific employer and includes the
employer's address and the date of injury of the claim for which the
information is requested, the bureau may disclose the name and address of the
insurer that, according to the records of the bureau, provided coverage on the
date of injury, but shall not disclose the effective date or expiration date of
the policy.
(3) The confidentiality provided for in
subsection (1) does not apply to records maintained by the bureau that are part
of or directly related to a contested case.
For the purposes of this subsection, a matter shall be considered a
contested case when it is the subject of a request for a formal hearing before
the director or an application filed in accordance with section 847. [FN4]
(4)
Any employee is entitled to inspect and obtain a copy of any record maintained
by the bureau concerning himself or herself.
Any employer is entitled to inspect and obtain a copy of any record
maintained by the bureau concerning itself.
(5) The confidentiality provided for in subsection
(1)(a) does not apply to the records of a self-insured employer that becomes
unable to pay benefits under this act due to insolvency or declaration of
bankruptcy.
(6) This section does not limit the power of a
court of law to subpoena records relevant to a matter pending before it.
(7) Notwithstanding this section, the bureau
shall release information to the IV-D agency in accordance with section 4 of
the office of child support act, 1971 PA 174, MCL
400.231 to 400.239. As used in this
subsection, "IV- D agency" means that term as defined in section 2 of
the support and parenting time enforcement act, 1982 PA 295, MCL
552.602.
[FN1] M.C.L.A.
§ 418.611.
[FN2] M.C.L.A.
§ 418.615.
[FN3] M.C.L.A.
§ 418.625.
[FN4] M.C.L.A.
§ 418.847.
APPLICATION
<In relation to subsection (6),
the state administrative board filed a written certification with the Secretary
of State on December 28, 1994>
END OF
DOCUMENT
Sec. 231. At the discretion of the director,
the bureau may destroy any record, file or paper pertaining to workmen's
compensation 20 years after the date of injury to which the record, file or
paper refers.
END OF
DOCUMENT
Sec. 235. (1) The business which the board of
trustees under chapter 5 [FN1] may perform shall
be conducted at a public meeting of the board of trustees under chapter 5 held
in compliance with Act No. 267 of the Public Acts of 1976, as amended, being sections
15.261 to 15.275
of the Michigan Compiled Laws. Public notice of the time, date, and place of
the meeting shall be given in the manner required by Act No. 267 of the Public
Acts of 1976, as amended.
(2) A writing prepared, owned, used, in the
possession of, or retained by the bureau, the board, or the board of trustees
under chapter 5 in the performance of an official function shall be made
available to the public in compliance with Act No. 442 of the Public Acts of
1976, as amended, being sections
15.231 to 15.246
of the Michigan Compiled Laws.
[FN1] M.C.L.A.
§ 418.501
et seq.
END OF
DOCUMENT
Sec. 274. (1) The worker's compensation
appellate commission is established as an autonomous entity in the department
of labor. The commission shall consist
of 7 members appointed by the governor with the advice and consent of the
senate. The governor shall appoint the
initial members of the commission not later than January 1, 1986 and shall
designate 1 of the appointees as the member that will be chairperson. The governor shall appoint only a person
determined to be qualified by the qualifications advisory committee under
section 209. [FN1] All members of the commission shall be
members in good standing of the state bar of Michigan.
(2) The members of the commission shall be
appointed for terms of 4 years . A
member who has served for 12 years shall not be reappointed to a new term. A vacancy caused by the expiration of a term
shall be filled in the same manner as the original appointment. A member shall not serve beyond the
expiration of his or her term unless the qualification advisory committee fails
to submit a recommendation to the governor before the expiration of the
term. A member may be reappointed. A member appointed to fill a vacancy created
other than by expiration of a term shall be appointed for the balance of the
unexpired term. A member of the commission may be removed by the governor for
good cause which shall be explained in writing.
Good cause for removal shall include, but not be limited to, lack of productivity or other
neglect of duties.
(3) The governor may designate a member of the
commission as the chairperson upon a vacancy occurring in that position. The chairperson of the commission shall have
general supervisory control of and be in charge of the employees of the
commission and the assignment and scheduling of the work of the
commission. The chairperson may also
establish productivity standards that are to be adhered to by employees of the
commission, the commission, individual members of the commission, and panels of
the commission. Each member of the
commission shall devote full time to the functions of the commission. Each member shall personally perform the
duties of the office during the hours generally worked by officers and
employees of the executive departments of the state.
(4) The chairperson of the commission shall
serve as chairperson at the pleasure of the governor.
(5) Each member of the commission shall
receive an annual salary which shall be not less than the salary paid to
worker's compensation magistrates or hearing referees of the most senior
classification and shall be entitled to necessary traveling expenses incurred
in the performance of official duties subject to the standardized travel
regulations of the state.
(6) The commission may employ the staff it
considers necessary to be able to perform
its duties under this act which may include legal assistants for the purpose of
legal research and otherwise assisting the commission.
(7) The commission is an independent body with
the power and authority to review the orders of the director and hearing
referees and the orders and opinions of the worker's compensation magistrates
as provided for under this act. The
commission may promulgate rules on administrative appellate procedure for
purposes under this act.
(8) Except as otherwise provided in subsection
(9), matters that are to be reviewed by the commission shall be randomly
assigned to a panel of 3 members of the commission for disposition. The chairperson of the commission may
reassign a matter in order to ensure timely review and decision of that
matter. The decision reached by a
majority of the assigned 3 members of a panel shall be the final decision of
the commission.
(9) Any matter that is to be reviewed by the
commission that may establish a precedent with regard to worker's compensation
in this state as determined by the chairperson, or any matter which 2 or more
members of the commission request be reviewed by the entire commission, shall
be reviewed and decided by the entire commission.
(10) Opinions of the commission shall be in
writing. The commission shall provide
for the publication of those opinions.
(11) The department of labor shall provide suitable
office space for the commission and employees of the commission.
[FN1] M.C.L.A.
§ 418.209.
END OF
DOCUMENT
Sec. 301. (1) An employee, who receives a
personal injury arising out of and in the course of employment by an employer
who is subject to this act at the time of the injury, shall be paid
compensation as provided in this act. In
the case of death resulting from the personal injury to the employee,
compensation shall be paid to the employee's dependents as provided in this
act. Time of injury or date of injury as
used in this act in the case of a disease or in the case of an injury not
attributable to a single event shall be the last day of work in the employment
in which the employee was last subjected to the conditions that resulted in the
employee's disability or death.
(2) Mental disabilities and conditions of the
aging process, including but not limited to heart and cardiovascular
conditions, shall be compensable if contributed to or aggravated or accelerated
by the employment in a significant manner.
Mental disabilities shall be compensable when arising out of actual
events of employment, not unfounded perceptions thereof.
(3) An employee going to or from his or her
work, while on the premises where the employee's work is to be performed, and
within a reasonable time before and after his or her working hours, is presumed
to be in the course of his or her employment.
Notwithstanding this presumption, an injury incurred in the pursuit of
an activity the major purpose of which is social or recreational is not covered under this act. Any cause of action brought for such an
injury is not subject to section 131. [FN1]
(4) As used in this chapter,
"disability" means a limitation of an employee's wage earning
capacity in work suitable to his or her qualifications and training resulting
from a personal injury or work related disease.
The establishment of disability does not create a presumption of wage
loss.
(5) If disability is established pursuant to
subsection (4), entitlement to weekly wage loss benefits shall be determined
pursuant to this section and as follows:
(a) If an employee receives a bona fide offer
of reasonable employment from the previous employer, another employer, or
through the Michigan employment security commission and the employee refuses
that employment without good and reasonable cause, the employee shall be
considered to have voluntarily removed himself or herself from the work force
and is no longer entitled to any wage loss benefits under this act during the
period of such refusal.
(b) If an employee is employed and the average
weekly wage of the employee is less than that which the employee received
before the date of injury, the employee shall receive weekly benefits under
this act equal to 80% of the difference between the injured employee's
after-tax weekly wage before the date of injury and the after-tax weekly wage
which the injured employee is able to earn
after the date of injury, but not more than the maximum weekly rate of compensation,
as determined under section 355. [FN2]
(c) If an employee is employed and the average
weekly wage of the employee is equal to or more than the average weekly wage
the employee received before the date of injury, the employee is not entitled
to any wage loss benefits under this act for the duration of such employment.
(d) If the employee, after having been
employed pursuant to this subsection for 100 weeks or more loses his or her job
through no fault of the employee, the employee shall receive compensation under
this act pursuant to the following:
(i) If after exhaustion of unemployment
benefit eligibility of an employee, a worker's compensation magistrate or
hearing referee, as applicable, determines for any employee covered under this
subdivision, that the employments since the time of injury have not established
a new wage earning capacity, the employee shall receive compensation based upon
his or her wage at the original date of injury.
There is a presumption of wage earning capacity established for
employments totalling 250 weeks or more.
(ii) The employee must still be disabled as
determined pursuant to subsection
(4). If the employee is still
disabled, he or she shall be entitled to wage loss benefits based on the
difference between the normal and customary wages paid to those persons performing the same or
similar employment, as determined at the time of termination of the employment
of the employee, and the wages paid at the time of the injury.
(iii) If the employee becomes reemployed and
the employee is still disabled, he or she shall then receive wage loss benefits
as provided in subdivision (b).
(e) If the employee, after having been
employed pursuant to this subsection for less than 100 weeks loses his or her
job for whatever reason, the employee shall receive compensation based upon his
or her wage at the original date of injury.
(6) A carrier shall notify the Michigan
employment security commission of the name of any injured employee who is
unemployed and to which the carrier is paying benefits under this act.
(7) The Michigan employment security
commission shall give priority to finding employment for those persons whose
names are supplied to the commission under subsection (6).
(8) The Michigan employment security
commission shall notify the bureau in writing of the name of any employee who
refuses any bona fide offer of reasonable employment. Upon notification to the bureau, the bureau
shall notify the carrier who shall terminate the benefits of the employee
pursuant to subsection (5)(a).
(9)
"Reasonable employment", as used in this section, means work that is
within the employee's capacity to perform that poses no clear and proximate
threat to that employee's health and safety, and that is within a reasonable
distance from that employee's residence.
The employee's capacity to perform shall not be limited to jobs in work
suitable to his or her qualifications and training.
(10) Weekly benefits shall not be payable
during the period of confinement to a person who is incarcerated in a penal
institution for violation of the criminal laws of this state or who is confined
in a mental institution pending trial for a violation of the criminal laws of
this state, if the violation or reason for the confinement occurred while at
work and is directly related to the claim.
(11) A person shall not discharge an employee
or in any manner discriminate against an employee because the employee filed a
complaint or instituted or caused to be instituted a proceeding under this act
or because of the exercise by the employee on behalf of himself or herself or
others of a right afforded by this act.
(12) This section shall apply to personal
injuries and work related diseases occurring on or after June 30, 1985.
[FN1] M.C.L.A.
§ 418.131.
[FN2] M.C.L.A.
§ 418.355.
END OF
DOCUMENT
Sec. 305. If the employee is injured by reason
of his intentional and wilful misconduct, he shall not receive compensation
under the provisions of this act.
END OF
DOCUMENT
Sec. 311. No compensation shall be paid under
this act for any injury which does not incapacitate the employee from earning
full wages, for a period of at least 1 week, but if incapacity extends beyond
the period of 1 week, compensation shall begin on the eighth day after the
injury. If incapacity continues for 2
weeks or longer or if death results from the injury, compensation shall be
computed from the date of the injury.
END OF
DOCUMENT
Sec. 313. (1) As used in this act,
"after-tax average weekly wage" means average weekly wage as defined
in section 371 [FN1] reduced by the
prorated weekly amount which would have been paid under the federal insurance
contributions act, 26
U.S.C. 3101 to 3126, state income tax and federal income tax, calculated on an
annual basis using as the number of exemptions the disabled employee's
dependents plus the employee, and without excess itemized deductions. Effective January 1, 1982, and each January 1
thereafter, the applicable federal and state laws in effect on the preceding
July 1 shall be used in determining the after-tax weekly wage.
(2) Each December 1 the director shall publish
tables of the average weekly wage and 80% of after-tax average weekly wage that
are to be in effect on the following January 1.
These tables shall be conclusive for the purpose of converting an
average weekly wage into 80% of after-tax average weekly wage.
[FN1] M.C.L.A.
§ 418.371.
END OF
DOCUMENT
Sec. 315. (1) The employer shall furnish, or
cause to be furnished, to an employee who receives a personal injury arising
out of and in the course of employment, reasonable medical, surgical, and
hospital services and medicines, or other attendance or treatment recognized by
the laws of this state as legal, when they are needed. However, an employer is not required to reimburse
or cause to be reimbursed charges for an optometric service unless that service
was included in the definition of practice of optometry under section 17401 of
the public health code, 1978 PA 368, MCL
333.17401, as of May 20, 1992. An employer is not
required to reimburse or cause to be reimbursed charges for services performed
by a profession that was not licensed or registered by the laws of this state
on or before January 1, 1998, but that becomes licensed, registered, or
otherwise recognized by the laws of this state after January 1, 1998. Attendant or nursing care shall not be
ordered in excess of 56 hours per week if the care is to be provided by the
employee's spouse, brother, sister, child, parent, or any combination of these
persons. After 10 days from the
inception of medical care as provided in this section, the employee may treat
with a physician of his or her own choice by giving to the employer the name of
the physician and his or her intention to treat with the physician. The employer or the employer's carrier may
file a petition objecting to the named
physician selected by the employee and setting forth reasons for the
objection. If the employer or carrier
can show cause why the employee should not continue treatment with the named
physician of the employee's choice, after notice to all parties and a prompt
hearing by a worker's compensation magistrate, the worker's compensation
magistrate may order that the employee discontinue treatment with the named
physician or pay for the treatment received from the physician from the date
the order is mailed. The employer shall
also supply to the injured employee dental service, crutches, artificial limbs,
eyes, teeth, eyeglasses, hearing apparatus, and other appliances necessary to
cure, so far as reasonably possible, and relieve from the effects of the
injury. If the employer fails,
neglects, or refuses so to do, the employee shall be reimbursed for the
reasonable expense paid by the employee, or payment may be made in behalf of
the employee to persons to whom the unpaid expenses may be owing, by order of
the worker's compensation magistrate.
The worker's compensation magistrate may prorate attorney fees at the
contingent fee rate paid by the employee.
(2) Except as otherwise provided in subsection
(1), all fees and other charges for any treatment or attendance, service,
devices, apparatus, or medicine under subsection (1), are subject to rules
promulgated by the bureau of worker's compensation pursuant to the
administrative procedures act of 1969, 1969 PA 306,
MCL
24.201 to 24.328. The rules
promulgated shall establish schedules of maximum charges for the treatment or
attendance, service, devices, apparatus, or medicine, which schedule shall be
annually revised. A health facility or
health care provider shall be paid either its usual and customary charge for
the treatment or attendance, service, devices, apparatus, or medicine, or the
maximum charge established under the rules, whichever is less.
(3) The director of the bureau shall provide
for an advisory committee to aid and assist in establishing the schedules of
maximum charges under subsection (2) for charges or fees that are payable under
this section. The advisory committee
shall be appointed by and serve at the pleasure of the director.
(4) If a carrier determines that a health
facility or health care provider has made any excessive charges or required
unjustified treatment, hospitalization, or visits, the health facility or
health care provider shall not receive payment under this chapter from the
carrier for the excessive fees or unjustified treatment, hospitalization, or
visits, and is liable to return to the carrier the fees or charges already
collected. The bureau may review the
records and medical bills of a health facility or health care provider
determined by a carrier to not be in compliance with the schedule of charges or
to be requiring unjustified treatment, hospitalization, or office visits.
(5) As used in this section, "utilization
review" means the initial evaluation by
a carrier of the appropriateness in terms of both the level and the quality of
health care and health services provided an injured employee, based on
medically accepted standards. A
utilization review shall be accomplished by a carrier pursuant to a system
established by the bureau that identifies the utilization of health care and
health services above the usual range of utilization for the health care and
health services based on medically accepted standards and provides for
acquiring necessary records, medical bills, and other information concerning
the health care or health services.
(6) By accepting payment under this chapter, a
health facility or health care provider shall be considered to have consented
to submitting necessary records and other information concerning health care or
health services provided for utilization review pursuant to this section. The health facilities and health care
providers shall be considered to have agreed to comply with any decision of the
bureau pursuant to subsection (7). A
health facility or health care provider that submits false or misleading
records or other information to a carrier or the bureau is guilty of a
misdemeanor, punishable by a fine of not more than $1,000.00, or by
imprisonment for not more than 1 year, or both.
(7) If it is determined by a carrier that a
health facility or health care provider improperly overutilized or otherwise
rendered or ordered inappropriate health care or health services, or that the
cost of the health care or health services
was inappropriate, the health facility or health care provider may appeal to
the bureau regarding that determination pursuant to procedures provided for
under the system of utilization review.
(8) The criteria or standards established for
the utilization review shall be established by rules promulgated by the
bureau. A carrier that complies with
the criteria or standards as determined by the bureau shall be certified by the
department.
(9) If a health facility or health care
provider provides health care or a health service that is not usually
associated with, is longer in duration in time than, is more frequent than, or
extends over a greater number of days than that health care or service usually
does with the diagnosis or condition for which the patient is being treated,
the health facility or health care provider may be required by the carrier to
explain the necessity or indication for the reasons why in writing.
END OF
DOCUMENT
Sec. 319. (1) An employee who has suffered an
injury covered by this act shall be entitled to prompt medical rehabilitation
services. When as a result of the injury
he or she is unable to perform work for which he or she has previous training
or experience, the employee shall be entitled to such vocational rehabilitation
services, including retraining and job placement, as may be reasonably
necessary to restore him or her to useful employment. If such services are not voluntarily offered
and accepted, the director on his or her own motion or upon application of the
employee, carrier, or employer, after affording the parties an opportunity to
be heard, may refer the employee to a bureau-approved facility for evaluation
of the need for, and kind of service, treatment, or training necessary and
appropriate to render the employee fit for a remunerative occupation. Upon receipt of such report, the director may
order that the training, services, or treatment recommended in the report be
provided at the expense of the employer.
The director may order that any employee participating in vocational
rehabilitation shall receive additional payments for transportation or any
extra and necessary expenses during the period and arising out of his or her
program of vocational rehabilitation.
Vocational rehabilitation training, treatment, or service shall not extend
for a period of more than 52 weeks except in cases when, by special order of
the director after review, the period may be
extended for an additional 52 weeks or portion thereof. If there is an unjustifiable refusal to
accept rehabilitation pursuant to a decision of the director, the director
shall order a loss or reduction of compensation in an amount determined by the
director for each week of the period of refusal, except for specific
compensation payable under section 361(1) and (2). [FN1]
(2) If a dispute arises between the parties
concerning application of any of the provisions of subsection (1), any of the parties
may apply for a hearing before a hearing referee or worker's compensation
magistrate, as applicable.
[FN1] M.C.L.A.
§ 418.361(1) and (2).
END OF
DOCUMENT
Sec. 321. If death results from the personal
injury of an employee, the employer shall pay, or cause to be paid, subject to
section 375, [FN1] in 1
of the methods provided in this section, to the dependents of the employee who
were wholly dependent upon the employee's earnings for support at the time of
the injury, a weekly payment equal to 80% of the employee's after-tax average
weekly wage, subject to the maximum and minimum rates of compensation under
this act, for a period of 500 weeks from the date of death. If at the expiration of the 500-week period
any such wholly or partially dependent person is less than 21 years of age,
a worker's compensation magistrate may order the employer to continue to pay the
weekly compensation or some portion thereof until the wholly or partially
dependent person reaches the age of 21.
If the employee leaves dependents only partially dependent upon his or
her earnings for support at the time of injury, the weekly compensation to be
paid shall be equal to the same proportion of the weekly payments for the
benefit of persons wholly dependent as 80% of the amount contributed by the
employee to the partial dependents bears to the annual earnings of the deceased
at the time of injury.
[FN1] M.C.L.A.
§ 418.375.
END OF
DOCUMENT
Sec. 331. The following persons shall be
conclusively presumed to be wholly dependent for support upon a deceased
employee:
(a) A wife upon a husband with whom she lives
at the time of his death, or from whom, at the time of his death, a worker's compensation magistrate shall find the wife was living apart for
justifiable cause or because he had deserted her.
(b) A child under the age of 16 years, or over
16 years of age if physically or mentally incapacitated from earning upon the
parent with whom he or she is living at the time of the death of that
parent. In the event of the death of an
employee who has at the time of death a
living child by a former spouse or a child who has been deserted by such
deceased employee under the age of 16 years, or over if physically or mentally
incapacitated from earning, such child shall be conclusively presumed to be
wholly dependent for support upon the deceased employee, even though not living
with the deceased employee at the time of death and in all cases the death
benefit shall be divided between or among the surviving spouse and all the
children of the deceased employee, and all other persons, if any, who are
wholly dependent upon the deceased employee, in equal shares the surviving
spouse taking the same share as a child.
In all cases mentioned in this section the total sum due a surviving
spouse and his or her own children shall be
paid directly to the surviving spouse for his or her own use, and for the use
and benefit of his or her own children.
If during the time compensation payments shall continue, a worker's compensation magistrate shall find
that the surviving spouse is not properly caring for such children, the worker's compensation magistrate shall order the shares of such children to be
thereafter paid to their guardian or legal representative for their use and
benefit, instead of to their father or mother.
In all cases the sums due to the children by the former spouse of the
deceased employee shall be paid to their guardians or legal representatives for
the use and benefit of such children. In
all other cases questions of dependency, in whole or in part, shall be
determined in accordance with the fact, as the fact may be at the time of the
injury. Where a deceased employee leaves
a person wholly dependent upon him or her for support, such person shall be entitled
to the whole death benefit and persons partially dependent, if any, shall
receive no part thereof, while the person wholly dependent is living. All persons wholly dependent upon a deceased
employee, whether by conclusive presumption or as a matter of fact, shall be
entitled to share equally in the death benefit in accordance with the
provisions of this section. If there is
no one wholly dependent or if the death of all persons wholly dependent shall
occur before all compensation is paid, and there is but 1 person partially
dependent, such person shall be entitled to
compensation according to the extent of his or her dependency; and if there is more than 1 person partially
dependent, the death benefit shall be divided among them according to the
relative extent of their dependency. A
person shall not be considered a dependent unless he or she is a member of the
family of the deceased employee, or unless such person bears to the deceased
employee the relation of widower or widow, lineal descendant, ancestor, or
brother or sister.
END OF
DOCUMENT
Sec. 335. (1) Upon the remarriage of a
dependent wife receiving compensation, such payments shall cease upon the
payment to her of the balance of the compensation to which she would otherwise
have been entitled but not to exceed the sum of $500.00, and further
compensation, if any, shall be payable to the person either wholly or partially
dependent upon deceased for support at his death as provided in section 331(b).
[FN1] A
worker's compensation magistrate
shall determine the amount of compensation or portion thereof that shall
be payable weekly to such wholly or partially dependent person for the
remaining weeks of compensation. Where,
at the expiration of the 500-week period, any such wholly or partially dependent
person is less than 18 years of age, a
worker's compensation magistrate
may order the employer to continue to pay the weekly compensation, or
some portion thereof, until such wholly or partially dependent person reaches
the age of 18. The payment of
compensation to any dependent child shall cease when the child reaches the age
of 18 years, if at the age of 18 years he or she is neither physically nor
mentally incapacitated from earning, or when the child reaches the age of 16
years and thereafter is self-supporting for 6 months. If the child ceases to be self- supporting
thereafter, the dependency shall be reinstated.
Such remaining compensation, if any, shall be payable to the person
either wholly or partially dependent upon
the deceased employee for support at the time of the employee's death, as
provided in the case of the remarriage of a dependent wife.
(2) This section shall apply to all persons
who are entitled to receive compensation or are receiving compensation under
this act on July 30, 1985 and who have not attained the age of 18 years on July
30, 1985.
[FN1] M.C.L.A.
§ 418.331(b).
END OF
DOCUMENT
Sec. 341. Questions as to who constitutes
dependents and the extent of their dependency shall be determined as of the
date of the injury to the employee, and their right to any death benefit shall
become fixed as of such time, irrespective of any subsequent change in
conditions except as otherwise specifically provided in sections 321, 331 and
335. [FN1] The death benefit shall be directly
recoverable by and payable to the dependents entitled thereto, or their legal
guardians or trustees. In case of the
death of a dependent, his proportion of the compensation shall be payable to
the surviving dependents pro rata. Upon
the death of all dependents compensation shall cease. No person shall be excluded as a dependent
who is a nonresident alien. No dependent of an injured employee shall be
deemed, during the life of such employee, a party in interest to any proceeding
by him for the enforcement of collection of any claim for compensation, nor as
respects the compromise thereof by such employee.
[FN1] M.C.L.A.
§ § 418.321,
418.331 and 418.335.
END OF
DOCUMENT
Sec. 345. If death results from the injury,
the employer shall pay, or cause to be paid, the reasonable expense of the
employee's last sickness, funeral, and burial.
The cost of the funeral and burial shall not exceed $6,000.00 or the
actual cost, whichever is less. Any
person who performed such service or incurred such liability may file an
application with the bureau. A worker's
compensation magistrate may order the employer to pay such sums.
END OF
DOCUMENT
Sec. 351. (1) While the incapacity for work
resulting from a personal injury is total, the employer shall pay, or cause to
be paid as provided in this section, to the injured employee, a weekly
compensation of 80% of the employee's after-tax average weekly wage, but not
more than the maximum weekly rate of compensation, as determined under section
355. [FN1] Compensation shall be paid for the duration
of the disability. The conclusive
presumption of total and permanent disability shall not extend beyond 800 weeks
from the date of injury and thereafter the question of permanent and total disability
shall be determined in accordance with the fact, as the fact may be at that
time.
(2) A totally and permanently disabled
employee whose date of injury preceded July 1, 1968, is entitled to the
compensation under this act that was payable to the employee immediately before
the effective date of this subsection, or compensation equal to 50% of the
state average weekly wage as last determined under section 355, whichever is
greater.
(3) If an employee who is eligible for weekly
benefits under this act would have received greater weekly benefits under the
prior benefit standard of 2/3 of average weekly wages, subject to the maximum
benefits which were in effect before January 1, 1982, then the employee shall
be entitled to such greater weekly benefits,
but not at a rate exceeding the maximum rate in his or her dependency
classification under such law. This
subsection does not authorize payment to an employee according to any schedule
of minimum benefits, except those provided in section 356. [FN2]
[FN1] M.C.L.A.
§ 418.355.
[FN2] M.C.L.A.
§ 418.356.
END OF
DOCUMENT
Sec. 352. (1) Beginning January 1, 1982, an
employee receiving or entitled to receive benefits equal to the maximum payable
to that employee under section 351 [FN1] or the dependent
of a deceased employee receiving or entitled to receive benefits under section
321 [FN2] whose benefits
are based on a date of personal injury between September 1, 1965, and December
31, 1979, shall be entitled to a supplement to weekly compensation. The supplement shall be computed using the
total annual percentage change in the state average weekly wage, rounded to the
nearest 1/10 of 1%, as determined under section 355. [FN3] The supplement
shall be computed as a percentage of the weekly compensation rate which the
employee or the dependent of a deceased employee is receiving or is entitled to
receive on January 1, 1982 had the employee been receiving benefits at that
time, rounded to the nearest dollar. The
supplement shall not exceed 5% compounded for each calendar year in the
adjustment period. The percentage change
for purposes of the adjustment shall be computed from the base year through
December 31, 1981. A supplement shall
not be paid retroactively for any period of disability before January 1, 1982.
(2) For personal injuries occurring from
September 1, 1965, through December 31, 1968, the base year shall be 1968. For personal injuries occurring between
January 1, 1969 and December 31, 1979, the base year shall be the year in which
the personal injury occurred.
(3) Pursuant to subsection (1), the director
shall announce on December 1, 1981, the supplement percentages payable on
January 1, 1982.
(4) All personal injuries found compensable
under this act after the effective date of this section with a personal injury
date before January 1, 1980, shall be paid at a rate determined pursuant to
this section.
(5) An employee who is eligible to receive
differential benefits from the second injury fund shall be paid the supplement
pursuant to this section as reduced by the amount of the differential payments
being made to the employee by the second injury fund at the time of the payment
of the supplement pursuant to this section.
(6) The supplement paid pursuant to this section,
when added to the original benefit, shall not exceed the maximum weekly rate of
compensation provided in section 355 in effect on the date of the adjustment.
(7) An employee is not entitled to supplements
under this section for a personal injury for which the liability has been
redeemed.
(8) The supplements under this section shall
be paid by an insurer or self- insurer on a weekly basis. The insurer, self-insurer, the second injury
fund, and the self-insurers' security fund are entitled to quarterly
reimbursement for these payments from the compensation supplement fund in
section 391, [FN4] except that an
insurer or self-insurer subject to either section 440a of the insurance code of
1956, Act No. 218 of the Public Acts of 1956, being section
500.440a of the Michigan Compiled Laws, or
section 38b of the single business tax act, Act No. 228 of the Public Acts of
1975, being section
208.38b of the Michigan Compiled Laws, shall take
a credit under either section 440a of Act No. 218 of the Public Acts of 1956,
or section 38b of Act No. 228 of the Public Acts of 1975, as applicable.
(9) This section does not apply to an employee
receiving benefits under section 361(1). [FN5]
(10) An insurer, self-insurer, the second
injury fund, or the self-insurers' security fund shall make the supplemental
payments required by this section for each quarter of the state's fiscal year
that the state treasurer certifies that there are sufficient funds available to
meet the obligations of the fund created in section 391 for that quarter. The state treasurer shall certify whether
there are sufficient funds in the fund created in section 391 to meet the
obligations of that fund for each quarter of the fiscal year of the state on or
before the first day of each quarter.
(11) An insurer, self-insurer, the second
injury fund, or the self-insurers' security fund shall make the supplemental
payments required by this section for the period July 1, 1982 to September 30,
1982 and shall be reimbursed for those payments.
[FN1] M.C.L.A.
§ 418.351.
[FN2] M.C.L.A.
§ 418.321.
[FN3] M.C.L.A.
§ 418.355.
[FN4] M.C.L.A.
§ 418.391.
[FN5] M.C.L.A.
§ 418.361(1).
END OF
DOCUMENT
Sec. 353. (1) For the purposes of sections 351
to 361, [FN1] dependency shall
be determined as follows:
(a) The following shall be conclusively
presumed to be dependent for support upon an injured employee:
(i) The wife of an injured employee living
with such employee as such wife at the time of the injury.
(ii) A child under the age of 16 years, or
over said age, if physically or mentally incapacitated from earning, living
with his parent at the time of the injury of such parent.
(b) In all other cases questions of dependency
shall be determined in accordance with the fact, as the fact may be at the time
of the injury, except as provided in subsection (3). No person shall be considered a dependent
unless he is a member of the family of the injured employee, or unless such
person bears to such injured employee the relation of husband or wife, or
lineal descendant, or ancestor or brother or sister. Except as to those conclusively presumed to
be dependents, no person shall be deemed a dependent who receives less than 1/2
of his support from an injured employee.
(2) Weekly payments to an injured employee
shall be reduced by the additional amount provided for any dependent child or
spouse or other dependent when such child
either reaches the age of 18 years or after becoming 16 ceases for a period of
6 months to receive more than 1/2 of his support from such injured employee, if
at such time he is neither physically nor mentally incapacitated from earning,
or when such spouse shall be divorced by final decree from his injured spouse,
or when such child, spouse or other dependent shall be deceased.
(3) An increase in payments shall be made for
increased numbers of conclusive dependents as defined in this act not so
dependent at the time of the injury of an employee.
[FN1] M.C.L.A.
§ § 418.351
to 418.361.
END OF
DOCUMENT
Sec. 354. (1) This section is applicable when
either weekly or lump sum payments are made to an employee as a result of
liability pursuant to section 351, 361, or 835
[FN1] with respect to
the same time period for which old- age insurance benefit payments under the
social security act, 42
U.S.C. 301 to 1397f; payments under a
self-insurance plan, a wage continuation plan, or a disability insurance policy
provided by the employer; or pension or
retirement payments pursuant to a plan or program established or maintained by
the employer, are also received or being received by the employee. Except as otherwise provided in this section,
the employer's obligation to pay or cause to be paid weekly benefits other than
specific loss benefits under section 361(2) and (3) [FN2] shall be reduced
by these amounts:
(a) Fifty percent of the amount of the old-age
insurance benefits received or being received under the social security act.
(b) The after-tax amount of the payments
received or being received under a self-insurance plan, a wage continuation
plan, or under a disability insurance policy provided by the same employer from
whom benefits under section 351, 361, or 835 are received if the employee did
not contribute directly to the plan or to the payment of premiums regarding the
disability insurance policy. If such
self-insurance plans, wage continuation plans, or disability insurance policies
are entitled to repayment in the event of a
worker's compensation benefit recovery, the carrier shall satisfy such
repayment out of funds the carrier has received through the coordination of
benefits provided for under this section. Notwithstanding the provisions of
this subsection, attorney fees shall be paid pursuant to section 821 [FN3] to the attorney who secured the worker's compensation
recovery.
(c) The proportional amount, based on the
ratio of the employer's contributions to the total insurance premiums for the
policy period involved, of the after-tax amount of the payments received or
being received by the employee pursuant to a disability insurance policy
provided by the same employer from whom benefits under section 351, 361, or 835
are received, if the employee did contribute directly to the payment of
premiums regarding the disability insurance policy.
(d) The after-tax amount of the pension or
retirement payments received or being received pursuant to a plan or program
established or maintained by the same employer from whom benefits under section
351, 361, or 835 are received, if the employee did not contribute directly to the
pension or retirement plan or program.
Subsequent increases in a pension or retirement program shall not affect
the coordination of these benefits.
(e) The proportional amount, based on the
ratio of the employer's contributions to the
total contributions to the plan or program, of the after- tax amount of the
pension or retirement payments received or being received by the employee
pursuant to a plan or program established or maintained by the same employer
from whom benefits under section 351, 361, or 835 are received, if the employee
did contribute directly to the pension or retirement plan or program. Subsequent increases in a pension or
retirement program shall not affect the coordination of these benefits.
(f) For those employers who do not provide a
pension plan, the proportional amount, based on the ratio of the employer's
contributions to the total contributions made to a qualified profit sharing
plan under section
401(a) of the internal revenue code [FN4] or any successor
to section
401(a) of the internal revenue code covering a
profit sharing plan which provides for the payment of benefits only upon
retirement, disability, death, or other separation of employment to the extent
that benefits are vested under the plan.
(2) To satisfy any remaining obligations under
section 351, 361, or 835, the employer shall pay or cause to be paid to the
employee the balance due in either weekly or lump sum payments after the
application of subsection (1).
(3) In the application of subsection (1) any
credit or reduction shall occur pursuant to this section and all of the
following:
(a) The bureau shall promulgate rules to
provide for notification by an employer or
carrier to an employee of possible eligibility for social security benefits and
the requirements for establishing proof of application for those benefits. Notification shall be promptly mailed to the
employee after the date on which by reason of age the employee may be entitled
to social security benefits. A copy of
the notification of possible eligibility shall be filed with the bureau by the
employer or carrier.
(b) Within 30 days after receipt of the
notification of possible employee eligibility the employee shall:
(i) Make application for social security
benefits.
(ii) Provide the employer or carrier with
proof of that application.
(iii) Provide the employer or carrier with an
authority for release of information which shall be utilized by the employer or
carrier to obtain necessary benefit entitlement and amount information from the
social security administration. The
authority for release of information shall be effective for 1 year.
(4) Failure of the employee to provide the
proof of application or the authority for release of information as prescribed
in subsection (3) shall allow the employer or carrier with the approval of the
bureau to discontinue the compensation benefits payable to the employee under
section 351, 361, or 835 until the proof of application and the authority for
release of information is provided. Compensation benefits withheld shall be
reimbursed to the employee upon the providing of the required proof of
application, or the authority for release of information, or both.
(5) If the employer or carrier is required to
submit a new authority for release of information to the social security
administration in order to receive information necessary to comply with this
section, the employee shall provide the new authority for release of
information within 30 days of a request by the employer or carrier. Failure to provide the new authority for
release of information shall allow the employer or carrier with the approval of
the bureau to discontinue benefits until the authority for release of
information is provided as prescribed in this subsection. Compensation benefits withheld shall be
reimbursed to the employee upon the providing of the new authority for release
of information.
(6) Within 30 days after either the date of
first payment of compensation benefits under section 351, 361, or 835, or 30
days after the date of application for any benefit under subsection (1)(b),
(c), (d), or (e), whichever is later, the employee shall provide the employer
or carrier with a properly executed authority for release of information which
shall be utilized by the employer or carrier to obtain necessary benefit
entitlement and amount information from the appropriate source. The authority for release of information is effective for 1 year. Failure of the employee to provide a properly
executed authority for release of information shall allow the employer or
carrier with the approval of the bureau to discontinue the compensation
benefits payable under section 351, 361, or 835 to the employee until the
authority for release of information is provided. Compensation benefits withheld shall be
reimbursed to the employee upon providing the required authority for release of
information. If the employer or carrier
is required to submit a new authority for release of information to the
appropriate source in order to receive information necessary to comply with
this section, the employee shall provide a properly executed new authority for
release of information within 30 days after a request by the employer or
carrier. Failure of the employee to provide
a properly executed new authority for release of information shall allow the
employer or carrier with the approval of the bureau to discontinue benefits
under section 351, 361, or 835 until the authority for release of information
is provided as prescribed in this subsection. Compensation benefits withheld
shall be reimbursed to the employee upon the providing of the new authority for
release of information.
(7) A credit or reduction under this section
shall not occur because of an increase granted by the social security
administration as a cost of living adjustment.
(8)
Except as provided in subsections (4), (5), and (6), a credit or reduction of
benefits otherwise payable for any week shall not be taken under this section
until there has been a determination of the benefit amount otherwise payable to
the employee under section 351, 361, or 835 and the employee has begun
receiving the benefit payments.
(9) Except as otherwise provided in this
section, any benefit payments under the social security act, or any fund,
policy, or program as specified in subsection (1) which the employee has
received or is receiving after March 31, 1982 and during a period in which the
employee was receiving unreduced compensation benefits under section 351, 361,
or 835 shall be considered to have created an overpayment of compensation
benefits for that period. The employer
or carrier shall calculate the amount of the overpayment and send a notice of
overpayment and a request for reimbursement to the employee. Failure by the employee to reimburse the
employer or carrier within 30 days after the mailing date of the notice of
request for reimbursement shall allow the employer or carrier with the approval
of the bureau to discontinue 50% of future weekly compensation payments under
section 351, 361 or 835. The
compensation payments withheld shall be credited against the amount of the
overpayment. Payment of the appropriate
compensation benefit shall resume when the total amount of the overpayment has
been withheld.
(10) The employer or carrier taking a credit
or making a reduction as provided in this section shall immediately report to
the bureau the amount of any credit or reduction, and as requested by the
bureau, furnish to the bureau satisfactory proof of the basis for a credit or
reduction.
(11) Disability insurance benefit payments
under the social security act shall be considered to be payments from funds
provided by the employer and to be primary payments on the employer's
obligation under section 351, 361, or 835 as old-age benefit payments under the
social security act are considered pursuant to this section. The coordination of social security
disability benefits shall commence on the date of the award certificate of the
social security disability benefits. Any
accrued social security disability benefits shall not be coordinated. However, social security disability insurance
benefits shall only be so considered if section 224 of the social security act,
42
U.S.C. 424a, is revised so that a reduction of
social security disability insurance benefits is not made because of the
receipt of worker's compensation benefits by the employee.
(12) Nothing in this section shall be
considered to compel an employee to apply for early federal social security
old-age insurance benefits or to apply for early or reduced pension or
retirement benefits.
(13) As used in this section, "after-tax
amount" means the gross amount of any benefit
under subsection (1)(b), (1)(c), (1)(d), or (1)(e) reduced by the prorated
weekly amount which would have been paid, if any, under the federal insurance
contributions act, 26
U.S.C. 3101 to 3126, state income tax and federal income tax, calculated on an
annual basis using as the number of exemptions the disabled employee's
dependents plus the employee, and without excess itemized deductions. In determining the "after-tax
amount" the tables provided for in section 313(2) [FN5] shall be
used. The gross amount of any benefit
under subsection (1)(b), (1)(c), (1)(d), or (1)(e) shall be presumed to be the
same as the average weekly wage for purposes of the table. The applicable 80%
of after-tax amount as provided in the table will be multiplied by 1.25 which
will be conclusive for determining the "after-tax amount" of benefits
under subsection (1)(b), (1)(c), (1)(d), or (1)(e).
(14) This section does not apply to any
payments received or to be received under a disability pension plan provided by
the same employer which plan is in existence on March 31, 1982. Any disability pension plan entered into or
renewed after March 31, 1982 may provide that the payments under that
disability pension plan provided by the employer shall not be coordinated
pursuant to this section.
(15) With respect to volunteer fire fighters,
volunteer safety patrol officers, volunteer civil defense workers, and
volunteer ambulance drivers and attendants
who are considered employees for purposes of this act pursuant to section
161(1)(a), [FN6] the reduction of
weekly benefits provided for disability insurance payments under subsection
(1)(b) and (c) and subsection (11) may be waived by the employer. An employer that is not a self-insurer may
make the waiver provided for under this subsection only at the time a worker's
compensation insurance policy is entered into or renewed.
(16) This section shall not apply to payments
made to an employee as a result of liability pursuant to section 361(2) and (3)
for the specific loss period set forth therein.
It is the intent of the legislature that, because benefits under section
361(2) and (3) are benefits which recognize human factors substantially in
addition to the wage loss concept, coordination of benefits should not apply to
such benefits.
(17) The decision of the Michigan Supreme
Court in Franks
v. White Pine Copper Division,
422 Mich. 636 (1985) is declared to have been
erroneously rendered insofar as it interprets this section, it having been and
being the legislative intention not to coordinate payments under this section
resulting from liability pursuant to section 351, 361, or 835 for personal
injuries occurring before March 31, 1982.
It is the purpose of this amendatory act to so affirm. This remedial and curative amendment shall be
liberally construed to effectuate this purpose.
(18) This section applies only to payments
resulting from liability pursuant to section 351, 361, or 835 for personal
injuries occurring on or after March 31, 1982.
Any payments made to an employee resulting from liability pursuant to
section 351, 361, or 835 for a personal injury occurring before March 31, 1982
that have not been coordinated under this section as of the effective date of
this subsection shall not be coordinated, shall not be considered to have
created an overpayment of compensation benefits, and shall not be subject to
reimbursement to the employer or carrier.
(19) Notwithstanding any other section of this
act, any payments made to an employee resulting from liability pursuant to
section 351, 361, or 835 for a personal injury occurring before March 31, 1982
that have been coordinated before the effective date of this subsection shall
be considered to be an underpayment of compensation benefits, and the amounts
withheld pursuant to coordination shall be reimbursed with interest, within 60
days of the effective date of this subsection, to the employee by the employer
or carrier.
(20) Notwithstanding any other section of this
act, any employee who has paid an employer or carrier money alleged by the
employer or carrier to be owed the employer or carrier because that employee's
benefits had not been coordinated under this section and whose date of personal
injury was before March 31, 1982 shall be reimbursed with interest, within 60
days of the effective date of this subsection,
that money by the employer or carrier.
(21) If any portion of this section is
subsequently found to be unconstitutional or in violation of applicable law, it
shall not affect the validity of the remainder of this section.
[FN1] M.C.L.A.
§ 418.351,
418.361, or 418.835.
[FN2] M.C.L.A.
§ 418.361(2) and (3).
[FN3] M.C.L.A.
§ 418.821.
[FN4] 26
U.S.C.A. § 401(a).
[FN5] M.C.L.A.
§ 418.313(2).
[FN6] M.C.L.A.
§ 418.161(1)(a).
END OF
DOCUMENT
Sec. 355. (1) The maximum weekly rate shall be
adjusted once each year in accordance with the increase or decrease in the
average weekly wage in covered employment, as determined by the Michigan
employment security commission.
(2) Effective January 1, 1982, and each
January 1 thereafter, the maximum weekly rate of compensation for injuries
occurring within that year shall be established as 90% of the state average
weekly wage as of the prior June 30, adjusted to the next higher multiple of
$1.00.
(3) For the purpose of computing the
supplemental benefit under section 352, [FN1] the state average
weekly wage for any injury year shall be the average weekly wage in covered
employment determined by the Michigan employment security commission for the 12
months ending June 30 of the preceding year.
[FN1] M.C.L.A.
§ 418.352.
END OF
DOCUMENT
Sec. 356. (1) An injured employee who, at the
time of the personal injury, is entitled to a rate of compensation less than
50% of the then applicable state average weekly wage as determined for the year
in which the injury occurred pursuant to section 355, [FN1] may be entitled
to an increase in benefits after 2 years of continuous disability. After 2 years of continuous disability, the
employee may petition for a hearing at which the employee may present evidence,
that by virtue of the employee's age, education, training, experience, or other
documented evidence which would fairly reflect the employee's earning capacity,
the employee's earnings would have been expected to increase. Upon presentation of this evidence, a worker's compensation magistrate may order an adjustment of the compensation
rate up to 50% of the state average weekly wage for the year in which the
employee's injury occurred. The
adjustment of compensation, if ordered, shall be effective as of the date of
the employee's petition for the hearing.
The adjustments provided in this subsection shall be paid by the carrier
on a weekly basis. However, the carrier
and the self-insurers' security fund shall be entitled to reimbursement for
these payments from the second injury fund created in section 501. [FN2] There shall be only
1 adjustment made for an employee under this subsection.
(2)
The minimum weekly benefit for death under section 321 [FN3] shall be 50% of the state average weekly wage as
determined under section 355.
(3) The minimum weekly benefit for 1 or more
losses stated in section 361(2) and (3) [FN4] shall be 25% of
the state average weekly wage as determined under section 355.
(4) There is no minimum weekly benefit for
total disability under section 351. [FN5]
(5) This section does not apply to an employee
entitled to benefits under section 361(1). [FN6]
[FN1] M.C.L.A.
§ 418.355.
[FN2] M.C.L.A.
§ 418.501.
[FN3] M.C.L.A.
§ 418.321.
[FN4] M.C.L.A.
§ 418.361(2)
and 418.361(3).
[FN5] M.C.L.A.
§ 418.351.
[FN6] M.C.L.A.
§ 418.361(1).
END OF
DOCUMENT
Sec. 357. (1) When an employee who is
receiving weekly payments or is entitled to weekly payments reaches or has
reached or passed the age of 65, the weekly payments for each year following
his or her sixty-fifth birthday shall be reduced by 5% of the weekly payment
paid or payable at age 65, but not to less than 50% of the weekly benefit paid
or payable at age 65, so that on his or her seventy-fifth birthday the weekly
payments shall have been reduced by 50%; after which there shall not be a
further reduction for the duration of the employee's life. Weekly payments shall not be reduced below
the minimum weekly benefit as provided in this act.
(2) Subsection (1) shall not apply to a person
65 years of age or over otherwise eligible and receiving weekly payments who is
not eligible for benefits under the social security act, 42
U.S.C. 301 to 1397e, or to a person whose payments under this act are
coordinated under section 354. [FN1]
[FN1] M.C.L.A.
§ 418.354.
END OF
DOCUMENT
Sec. 360. (1) A person who suffers an injury
arising out of and in the course of employment as a professional athlete shall
be entitled to weekly benefits only when the person's average weekly wages in
all employments at the time of application for benefits, and thereafter, as
computed in accordance with section 371, [FN1] are less than 200% of the state average weekly wage.
(2) This section shall not be construed to
prohibit an otherwise eligible person from receiving benefits under section
315, 319, or 361. [FN2]
[FN1] M.C.L.A.
§ 418.371.
[FN2] M.C.L.A.
§ 418.315,
418.319, or 418.361.
END OF
DOCUMENT
Sec. 361. (1) While the incapacity for work
resulting from a personal injury is partial, the employer shall pay, or cause
to be paid to the injured employee weekly compensation equal to 80% of the
difference between the injured employee's after-tax average weekly wage before
the personal injury and the after-tax average weekly wage which the injured
employee is able to earn after the personal injury, but not more than the
maximum weekly rate of compensation, as determined under section 355. [FN1] Compensation shall be paid for the duration
of the disability. However, an employer
shall not be liable for compensation under section 351, 371(1), [FN2] or this subsection for such periods of time that the
employee is unable to obtain or perform work because of imprisonment or
commission of a crime.
(2) In cases included in the following
schedule, the disability in each case shall be considered to continue for the
period specified, and the compensation paid for the personal injury shall be
80% of the after-tax average weekly wage subject to the maximum and minimum
rates of compensation under this act for the loss of the following:
(a) Thumb, 65 weeks.
(b) First finger, 38 weeks.
(c) Second finger, 33 weeks.
(d)
Third finger, 22 weeks.
(e) Fourth finger, 16 weeks.
The loss of the first phalange of the thumb,
or of any finger, shall be considered to be equal to the loss of 1/2 of that
thumb or finger, and compensation shall be 1/2 of the amount above specified.
The loss of more than 1 phalange shall be
considered as the loss of the entire finger or thumb. The amount received for more than 1 finger
shall not exceed the amount provided in this schedule for the loss of a hand.
(f) Great toe, 33 weeks.
(g) A toe other than the great toe, 11 weeks.
The loss of the first phalange of any toe
shall be considered to be equal to the loss of 1/2 of that toe, and
compensation shall be 1/2 of the amount above specified.
The loss of more than 1 phalange shall be
considered as the loss of the entire toe.
(h) Hand, 215 weeks.
(i) Arm, 269 weeks.
An amputation between the elbow and wrist that
is 6 or more inches below the elbow shall be considered a hand, and an
amputation above that point shall be considered an arm.
(j)
Foot, 162 weeks.
(k) Leg, 215 weeks.
An amputation between the knee and foot 7 or
more inches below the tibial table (plateau) shall be considered a foot, and an
amputation above that point shall be considered a leg.
(l) Eye, 162 weeks.
Eighty percent loss of vision of 1 eye shall
constitute the total loss of that eye.
(3) Total and permanent disability,
compensation for which is provided in section 351 means:
(a) Total and permanent loss of sight of both
eyes.
(b) Loss of both legs or both feet at or above
the ankle.
(c) Loss of both arms or both hands at or
above the wrist.
(d) Loss of any 2 of the members or faculties
in subdivisions (a), (b), or (c).
(e) Permanent and complete paralysis of both
legs or both arms or of 1 leg and 1 arm.
(f) Incurable insanity or imbecility.
(g) Permanent and total loss of industrial use
of both legs or both hands or both arms or 1 leg and 1 arm; for the purpose of this subdivision such permanency shall be determined not less than 30
days before the expiration of 500 weeks from the date of injury.
(4) The amounts specified in this clause are
all subject to the same limitations as to maximum and minimum as above
stated. In case of the loss of 1 member
while compensation is being paid for the loss of another member, compensation
shall be paid for the loss of the second member for the period provided in this
section. Payments for the loss of a
second member shall begin at the conclusion of the payments for the first
member.
[FN1] M.C.L.A.
§ 418.355.
[FN2] M.C.L.A.
§ 418.351,
418.371(1).
END OF
DOCUMENT
Sec. 364. A bi-annual study shall be conducted
by the director of the adequacy of weekly benefits paid under this act. The study shall evaluate the effects of
inflation on benefits and other factors which the director considers
relevant. The director shall report the
results of the study and make appropriate recommendations to the legislature by
March 1, 1983. By March 1 of each
following odd numbered year, the director shall repeat this process.
END OF
DOCUMENT
Sec. 371. (1) The weekly loss in wages
referred to in this act shall consist of the percentage of the average weekly
earnings of the injured employee computed according to this section as fairly
represents the proportionate extent of the impairment of the employee's earning
capacity in the employments covered by this act in which the employee was
working at the time of the personal injury.
The weekly loss in wages shall be fixed as of the time of the personal
injury, and determined considering the nature and extent of the personal
injury. The compensation payable, when
added to the employee's wage earning capacity after the personal injury in the
same or other employments, shall not exceed the employee's average weekly
earnings at the time of the injury.
(2) As used in this act, "average weekly
wage" means the weekly wage earned by the employee at the time of the
employee's injury in all employment, inclusive of overtime, premium pay, and
cost of living adjustment, and exclusive of any fringe or other benefits which
continue during the disability. Any
fringe or other benefit which does not continue during the disability shall be
included for purposes of determining an employee's average weekly wage to the
extent that the inclusion of the fringe or other benefit will not result in a
weekly benefit amount which is greater than 2/3 of the state average weekly
wage at the time of injury.< |
