reglab/housing_qa huggingface dataset:
MI Comp L § 418.321 (2021)
2021 Michigan Compiled Laws|Chapter 418 - Worker's Disability Compensation|Act 317 of 1969 - Worker's Disability Compensation Act of 1969 (418.101 - 418.941)|317-1969-3 - Chapter 3 Compensation (418.301...418.391)|Section 418.321 - Compensation for Death Resulting From Personal Injury.

418.321 Compensation for death resulting from personal injury. 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, 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. History: 1969, Act 317, Eff. Dec. 31, 1969 ;-- Am. 1980, Act 357, Eff. Jan. 1, 1982 ;-- Am. 1985, Act 103, Imd. Eff. July 30, 1985 ;-- Am. 1994, Act 271, Imd. Eff. July 11, 1994 Compiler's Notes: For legislative intent as to severability, see Compiler's note to MCL 418.213.Popular Name: Act 317Popular Name: Heart and Lung Act
MI Comp L § 418.335 (2021)
2021 Michigan Compiled Laws|Chapter 418 - Worker's Disability Compensation|Act 317 of 1969 - Worker's Disability Compensation Act of 1969 (418.101 - 418.941)|317-1969-3 - Chapter 3 Compensation (418.301...418.391)|Section 418.335 - Cessation of Payments Upon Remarriage of Dependent Wife or Upon Dependent Person Reaching Certain Age; Reinstatement of Dependency; Persons to Whom Section Applicable.

418.335 Cessation of payments upon remarriage of dependent wife or upon dependent person reaching certain age; reinstatement of dependency; persons to whom section applicable. 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). 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. History: 1969, Act 317, Eff. Dec. 31, 1969 ;-- Am. 1985, Act 103, Imd. Eff. July 30, 1985 ;-- Am. 1994, Act 271, Imd. Eff. July 11, 1994 Compiler's Notes: For legislative intent as to severability, see Compiler's note to MCL 418.213.Popular Name: Act 317Popular Name: Heart and Lung Act
MI Comp L § 418.341 (2021)
2021 Michigan Compiled Laws|Chapter 418 - Worker's Disability Compensation|Act 317 of 1969 - Worker's Disability Compensation Act of 1969 (418.101 - 418.941)|317-1969-3 - Chapter 3 Compensation (418.301...418.391)|Section 418.341 - Dependents; Qualifications; Party in Interest.

418.341 Dependents; qualifications; party in interest. 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. 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. History: 1969, Act 317, Eff. Dec. 31, 1969 Popular Name: Act 317Popular Name: Heart and Lung Act
MI Comp L § 418.345 (2021)
2021 Michigan Compiled Laws|Chapter 418 - Worker's Disability Compensation|Act 317 of 1969 - Worker's Disability Compensation Act of 1969 (418.101 - 418.941)|317-1969-3 - Chapter 3 Compensation (418.301...418.391)|Section 418.345 - Death Resulting From Injury; Expense of Last Sickness, Funeral, and Burial; Payment by Employer; Limitation; Application; Order.

418.345 Death resulting from injury; expense of last sickness, funeral, and burial; payment by employer; limitation; application; order. 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. History: 1969, Act 317, Eff. Dec. 31, 1969 ;-- Am. 1971, Act 187, Imd. Eff. Dec. 20, 1971 ;-- Am. 1985, Act 103, Imd. Eff. July 30, 1985 ;-- Am. 1994, Act 271, Imd. Eff. July 11, 1994 ;-- Am. 1996, Act 107, Imd. Eff. Mar. 5, 1996 Compiler's Notes: For legislative intent as to severability, see Compiler's note to MCL 418.213.Popular Name: Act 317Popular Name: Heart and Lung Act
MI Comp L § 418.351 (2021)
2021 Michigan Compiled Laws|Chapter 418 - Worker's Disability Compensation|Act 317 of 1969 - Worker's Disability Compensation Act of 1969 (418.101 - 418.941)|317-1969-3 - Chapter 3 Compensation (418.301...418.391)|Section 418.351 - Total Incapacity for Work; Amount and Duration of Compensation; Limitation on Conclusive Presumption of Total and Permanent Disability; Determining Question of Permanent and Total Disability.

418.351 Total incapacity for work; amount and duration of compensation; limitation on conclusive presumption of total and permanent disability; determining question of permanent and total disability. 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. 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. History: 1969, Act 317, Eff. Dec. 31, 1969 ;-- Am. 1976, Act 393, Imd. Eff. Jan. 3, 1977 ;-- Am. 1980, Act 357, Eff. Jan. 1, 1982 Popular Name: Act 317Popular Name: Heart and Lung Act
MI Comp L § 418.353 (2021)
2021 Michigan Compiled Laws|Chapter 418 - Worker's Disability Compensation|Act 317 of 1969 - Worker's Disability Compensation Act of 1969 (418.101 - 418.941)|317-1969-3 - Chapter 3 Compensation (418.301...418.391)|Section 418.353 - Determination of Dependency.

418.353 Determination of dependency.Sec. 353.  (1) For the purposes of sections 351 to 361, dependency shall be determined as follows:  (a) A child under the age of 16 years, or 16 years or over if physically or mentally incapacitated from earning, living with his parent at the time of the injury of that parent.  (b) In all other cases questions of dependency shall be determined in accordance with the facts at the time of the injury, except as provided in subsection (3). A person shall not be considered a dependent unless he or she is a member of the family of the injured employee, or unless the person bears to the injured employee the relation of husband or wife, or lineal descendent, or ancestor or brother or sister. Except as to a person conclusively presumed to be a dependent, a person who receives less than 1/2 of his or her support from an injured employee shall not be considered to be a dependent.  (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 the 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 or her support from the injured employee, if at that time the child is neither physically nor mentally incapacitated from earning; when the spouse is divorced by final decree from his or her injured spouse; or when the child, spouse, or other dependent is deceased.  (3) An increase in payments shall be made for increased numbers of conclusive dependents as defined in this act who were not dependent at the time of the injury of an employee. History: 1969, Act 317, Eff. Dec. 31, 1969 ;-- Am. 1971, Act 215, Imd. Eff. Dec. 30, 1971 ;-- Am. 2011, Act 266, Imd. Eff. Dec. 19, 2011 Constitutionality: The gender-based conclusive presumption of the workers' compensation act is violative of the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution; the doctrine of res judicata did not preclude a redetermination of dependency of the wife of an injured worker. Pike v City of Wyoming, 431 Mich 589; 433 NW2d 768 (1988).Compiler's Notes: Enacting section 2 of Act 266 of 2011 provides:"Enacting section 2. This amendatory act applies to injuries incurred on or after its effective date."Popular Name: Act 317Popular Name: Heart and Lung Act
MI Comp L § 418.355 (2021)
2021 Michigan Compiled Laws|Chapter 418 - Worker's Disability Compensation|Act 317 of 1969 - Worker's Disability Compensation Act of 1969 (418.101 - 418.941)|317-1969-3 - Chapter 3 Compensation (418.301...418.391)|Section 418.355 - Adjustment of Maximum Weekly Rate; Computing Supplemental Benefit.

418.355 Adjustment of maximum weekly rate; computing supplemental benefit. 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, 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. History: 1969, Act 317, Eff. Dec. 31, 1969 ;-- Am. 1980, Act 357, Eff. Jan. 1, 1982 ;-- Am. 1982, Act 32, Imd. Eff. Mar. 10, 1982 Popular Name: Act 317Popular Name: Heart and Lung Act
MI Comp L § 418.356 (2021)
2021 Michigan Compiled Laws|Chapter 418 - Worker's Disability Compensation|Act 317 of 1969 - Worker's Disability Compensation Act of 1969 (418.101 - 418.941)|317-1969-3 - Chapter 3 Compensation (418.301...418.391)|Section 418.356 - Increase in Benefits After 2 Years of Continuous Disability; Petition for Hearing; Evidence; Order for Adjustment of Compensation; Payment; Reimbursement From Second Injury Fund; Minimum Weekly Benefit for Death; Minimum Weekly Benefit for 1 or More Losses; Total Disability; Exception.

418.356 Increase in benefits after 2 years of continuous disability; petition for hearing; evidence; order for adjustment of compensation; payment; reimbursement from second injury fund; minimum weekly benefit for death; minimum weekly benefit for 1 or more losses; total disability; exception.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, 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, the self-insurers' security fund, and the private employer group self-insurers security fund shall be entitled to reimbursement for these payments from the second injury fund created in section 501. There shall be only 1 adjustment made for an employee under this subsection.  (2) The minimum weekly benefit for death under section 321 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) 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.  (5) This section does not apply to an employee entitled to benefits under section 361(1). History: Add. 1980, Act 357, Eff. Jan. 1, 1982 ;-- Am. 1982, Act 32, Imd. Eff. Mar. 10, 1982 ;-- Am. 1985, Act 103, Imd. Eff. July 30, 1985 ;-- Am. 1994, Act 271, Imd. Eff. July 11, 1994 ;-- Am. 2014, Act 231, Imd. Eff. June 27, 2014 Compiler's Notes: For legislative intent as to severability, see Compiler's note to MCL 418.213.Popular Name: Act 317Popular Name: Heart and Lung Act
MI Comp L § 418.357 (2021)
2021 Michigan Compiled Laws|Chapter 418 - Worker's Disability Compensation|Act 317 of 1969 - Worker's Disability Compensation Act of 1969 (418.101 - 418.941)|317-1969-3 - Chapter 3 Compensation (418.301...418.391)|Section 418.357 - Employee 65 or Older; Reduction of Weekly Payments; Exception.

418.357 Employee 65 or older; reduction of weekly payments; exception. 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 1397f, or to a person whose payments under this act are coordinated under section 354. History: 1969, Act 317, Eff. Dec. 31, 1969 ;-- Am. 1974, Act 184, Imd. Eff. July 2, 1974 ;-- Am. 1982, Act 32, Imd. Eff. Mar. 10, 1982 Constitutionality: This section is not unconstitutional as a denial of equal protection of the law. Cruz v Chevrolet Grey Iron Division of General Motors Corporation, 398 Mich 117; 247 NW2d 764 (1976).Popular Name: Act 317Popular Name: Heart and Lung Act
MI Comp L § 418.358 (2021)
2021 Michigan Compiled Laws|Chapter 418 - Worker's Disability Compensation|Act 317 of 1969 - Worker's Disability Compensation Act of 1969 (418.101 - 418.941)|317-1969-3 - Chapter 3 Compensation (418.301...418.391)|Section 418.358 - Reduction of Benefits.

418.358 Reduction of benefits.Sec. 358.  Net weekly benefits payable under section 351, 361, or lump sum benefits under section 835, shall be reduced by 100% of the amount of benefits paid or payable to the injured employee under the Michigan employment security act, 1936 (Ex Sess) PA 1, MCL 421.1 to 421.75, for identical periods of time. History: Add. 1980, Act 357, Eff. Jan. 1, 1982 ;-- Am. 2011, Act 266, Imd. Eff. Dec. 19, 2011 Compiler's Notes: Enacting section 2 of Act 266 of 2011 provides:"Enacting section 2. This amendatory act applies to injuries incurred on or after its effective date."Popular Name: Act 317Popular Name: Heart and Lung Act
MI Comp L § 418.359 (2021)
2021 Michigan Compiled Laws|Chapter 418 - Worker's Disability Compensation|Act 317 of 1969 - Worker's Disability Compensation Act of 1969 (418.101 - 418.941)|317-1969-3 - Chapter 3 Compensation (418.301...418.391)|Section 418.359 - Repealed. 1985, Act 103, Imd. Eff. July 10, 1985.

418.359 Repealed. 1985, Act 103, Imd. Eff. July 10, 1985. Compiler's Notes: The repealed section pertained to payments for total disability of employees under 25.Popular Name: Act 317Popular Name: Heart and Lung Act
MI Comp L § 418.360 (2021)
2021 Michigan Compiled Laws|Chapter 418 - Worker's Disability Compensation|Act 317 of 1969 - Worker's Disability Compensation Act of 1969 (418.101 - 418.941)|317-1969-3 - Chapter 3 Compensation (418.301...418.391)|Section 418.360 - Professional Athlete; Weekly Benefits; Condition; Benefits Under Other Provisions; Exemptions.

418.360 Professional athlete; weekly benefits; condition; benefits under other provisions; exemptions.Sec. 360.  (1) A person who suffers an injury arising out of and in the course of employment as a professional athlete is 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, are less than 200% of the state average weekly wage. This subsection shall not be construed to prohibit an otherwise eligible person from receiving benefits under section 315, 319, or 361.  (2) A professional athlete who is hired under a contract with an employer outside of this state is exempt from this act if all of the following conditions apply:  (a) The athlete sustains a personal injury arising out of the course of employment while the professional athlete is temporarily within this state.  (b) The employer has obtained worker's compensation insurance coverage under the worker's compensation law of another state that covers the injury in this state.  (c) The other state recognizes the extraterritorial provisions of this act and provides a reciprocal exemption for professional athletes whose injuries arise out of employment while temporarily in that state and are covered by the worker's compensation law of this state.  (3) The benefits and other remedies under the worker's compensation laws of another state are the exclusive remedy against the employer under the conditions in subsection (2). A certificate from the duly authorized officer of another state certifying that the employer is insured in that state and has obtained extraterritorial coverage insuring the employer's professional athletes in this state is prima facie evidence that the employer has obtained insurance meeting the requirements for the exception to coverage under this act under subsection (2). History: Add. 1978, Act 373, Imd. Eff. July 27, 1978 ;-- Am. 2011, Act 266, Imd. Eff. Dec. 19, 2011 Compiler's Notes: Enacting section 2 of Act 266 of 2011 provides:"Enacting section 2. This amendatory act applies to injuries incurred on or after its effective date."Popular Name: Act 317Popular Name: Heart and Lung Act
MI Comp L § 418.364 (2021)
2021 Michigan Compiled Laws|Chapter 418 - Worker's Disability Compensation|Act 317 of 1969 - Worker's Disability Compensation Act of 1969 (418.101 - 418.941)|317-1969-3 - Chapter 3 Compensation (418.301...418.391)|Section 418.364 - Repealed. 2011, Act 266, Imd. Eff. Dec. 19, 2011.

418.364 Repealed. 2011, Act 266, Imd. Eff. Dec. 19, 2011. Compiler's Notes: The repealed section pertained to biannual study concerning adequacy of weekly benefits.Popular Name: Act 317