reglab/statecodes huggingface dataset:
2023 Michigan Compiled Laws › Chapter 418 - Worker's Disability Compensation › Act 317 of 1969 - Worker's Disability Compensation Act of 1969 (418.101 - 418.941) › 317-1969-4 - Chapter 4 Occupational Diseases and Disablements (418.401...418.441) › Section 418.441 - Claim for Occupational Disease and Death Resulting From Occupational Disease; Requirements; Commencement; Time Limit.

418.441 Claim for occupational disease and death resulting from occupational disease; requirements; commencement; time limit.
Sec. 441.
(1) The requirements of claim for occupational disease and death resulting from an occupational disease and the requirements as to the bringing of proceedings for compensation for disability or death resulting from the occupational disease are the same as required in chapter 3, except that the claim of occupational disease or death resulting from an occupational disease shall commence from the date the employee or a deceased employee's dependents had knowledge, or a reasonable belief, or through ordinary diligence could have discovered, that the occupational disease or death was work related.
(2) A claim shall not be valid or effectual for any purpose under this chapter unless made within 2 years after the date the employee or dependents of a deceased employee had knowledge, or a reasonable belief, or through ordinary diligence could have discovered that the occupational disease or death was work related.
History:
1969, Act 317, Eff. Dec. 31, 1969 ;-- Am. 1980, Act 357, Eff. Jan. 1, 1982
Popular Name:
Act 317
2023 Michigan Compiled Laws › Chapter 418 - Worker's Disability Compensation › Act 317 of 1969 - Worker's Disability Compensation Act of 1969 (418.101 - 418.941) › 317-1969-5 - Chapter 5 Funds (418.501...418.561) › Section 418.501a - Liability of Self-Insurer's Security Fund; Termination on January 1, 2020; Responsibility of Pegsisf on and After January 1, 2020; Assessment.

418.501a Liability of self-insurer's security fund; termination on January 1, 2020; responsibility of PEGSISF on and after January 1, 2020; assessment.
Sec. 501a.
(1) The liability of the self-insurers' security fund under this act for any payment of claims made against a self-insured member of a private employer group self-insurer terminates on January 1, 2020. The PEGSISF is responsible for payment of eligible claims made against the PEGSISF on and after January 1, 2020, and for claims against a private employer group self-insurer for which the self-insurers' security fund was formerly liable under this act.
(2) If the director determines that a trust established under R 408.43s(2) of the Michigan administrative code is reasonably likely to be insufficient to fulfill the liability for claims made against the self-insured members of a private employer group self-insurer before January 1, 2020, the director may assess all private employer group self-insurers based on the proportion of the total paid losses, as defined in section 551(3)(b), of each private employer group self-insurer paid in the prior year to cover the cost of benefits incurred. An assessment made under this subsection is payable to the trust to satisfy liability for those claims.
History:
Add. 2014, Act 229, Imd. Eff. June 27, 2014
Popular Name:
Act 317
2023 Michigan Compiled Laws › Chapter 418 - Worker's Disability Compensation › Act 317 of 1969 - Worker's Disability Compensation Act of 1969 (418.101 - 418.941) › 317-1969-5 - Chapter 5 Funds (418.501...418.561) › Section 418.501b - Assessments.

418.501b Assessments.
Sec. 501b.
If the director determines that there is a reasonable likelihood that the remedies available under R 408.43s of the Michigan administrative code will be insufficient to meet the obligations of the trust, the director may assess private employer group self-insurers to the extent necessary to secure payment of benefits for which the private employer group self-insurers security fund may become responsible under this act and associated overhead and administrative expenses. The assessments shall be apportioned among the private employer group self-insurers based on each self-insurer group's proportion of the total paid losses, as defined in section 551(3)(b), of each private group self-insurer paid by private employer self-insured groups in the prior year. An assessment made under this section is payable to the PEGSISF.
History:
Add. 2014, Act 232, Imd. Eff. June 27, 2014
Popular Name:
Act 317
2023 Michigan Compiled Laws › Chapter 418 - Worker's Disability Compensation › Act 317 of 1969 - Worker's Disability Compensation Act of 1969 (418.101 - 418.941) › 317-1969-5 - Chapter 5 Funds (418.501...418.561) › Section 418.502 - “Insolvent Private Self-Insured Employer” Defined.

418.502 “Insolvent private self-insured employer” defined.
Sec. 502.
For the purposes of this act, an insolvent private self-insured employer means either an employer who files for relief under the bankruptcy act or an employer against whom bankruptcy proceedings are filed or an employer for whom a receiver is appointed in a court of this state.
History:
Add. 1971, Act 149, Imd. Eff. Nov. 16, 1971
Popular Name:
Act 317
2023 Michigan Compiled Laws › Chapter 418 - Worker's Disability Compensation › Act 317 of 1969 - Worker's Disability Compensation Act of 1969 (418.101 - 418.941) › 317-1969-5 - Chapter 5 Funds (418.501...418.561) › Section 418.511 - Board of Trustees; Appointment, Term, Expenses.

418.511 Board of trustees; appointment, term, expenses.
Sec. 511.
The funds shall be managed by a board of 3 trustees, 1 of whom shall be the director, the remaining 2 of whom shall be appointed by the governor with the advice and consent of the senate and so selected by the governor that 1 trustee will represent the insurance industry and the remaining trustee shall represent those employers who have been authorized to act as self-insurers. The director shall be a permanent trustee but the other 2 trustees shall be appointed for terms of 4 years and shall serve until their successors are appointed and qualified. The present trustees of the silicosis and dust disease fund shall continue to serve for the balance of their terms and shall exercise the powers granted by this chapter. The trustees shall receive no compensation for their services, but shall be reimbursed for their actual and necessary expenses during the performance of their duties.
History:
1969, Act 317, Eff. Dec. 31, 1969
Popular Name:
Act 317
2023 Michigan Compiled Laws › Chapter 418 - Worker's Disability Compensation › Act 317 of 1969 - Worker's Disability Compensation Act of 1969 (418.101 - 418.941) › 317-1969-5 - Chapter 5 Funds (418.501...418.561) › Section 418.515 - Board of Trustees; Powers and Duties; Funds Administrator; Office Space; Clerical Assistance; Expenses; Legal Advice and Representation.

418.515 Board of trustees; powers and duties; funds administrator; office space; clerical assistance; expenses; legal advice and representation.
Sec. 515.
(1) The trustees shall have general authority to carry out the purposes of this chapter, shall make such rules as they consider necessary, shall maintain records and institute systems and procedures or take any other administrative action as they consider necessary to carry out the purposes of this chapter.
(2) The trustees may appoint an administrative officer to be referred to as the funds administrator who shall perform duties as shall be designated or delegated by the trustees.
(3) The worker's compensation agency shall provide the trustees of the funds with suitable office space and clerical assistance. All other expenses authorized by the trustees for the proper administration of the funds, including but not limited to, the salary and expenses of the funds administrator and the investigation, determination and defense of claims against the funds shall be borne ratably by and paid from the assets of the funds. The trustees may secure legal advice and be represented by the attorney general or any assistant designated by the attorney general in any matter involving the affairs of the funds. The self-insurers' security fund and the private employer group self-insurers security fund shall be represented by an assistant attorney general who is not representing the second injury fund or the silicosis and dust disease fund. The cost of such services and expenses in connection therewith shall be borne ratably by and paid from the funds. All expenses so incurred and charged to the funds shall be accounted for on a fiscal year basis.
History:
1969, Act 317, Eff. Dec. 31, 1969 ;-- Am. 1971, Act 149, Imd. Eff. Nov. 16, 1971 ;-- Am. 2014, Act 233, Imd. Eff. June 27, 2014
Popular Name:
Act 317
2023 Michigan Compiled Laws › Chapter 418 - Worker's Disability Compensation › Act 317 of 1969 - Worker's Disability Compensation Act of 1969 (418.101 - 418.941) › 317-1969-5 - Chapter 5 Funds (418.501...418.561) › Section 418.531 - Disability or Death From Silicosis, Dust Disease, Employment in Logging Industry, or Exposure to Polybrominated Biphenyl; Reimbursement of Carrier; Limitation; Right of Funds to Commence Action and Obtain Recovery.

418.531 Disability or death from silicosis, dust disease, employment in logging industry, or exposure to polybrominated biphenyl; reimbursement of carrier; limitation; right of funds to commence action and obtain recovery.
Sec. 531.
(1) In each case in which a carrier including a self-insurer has paid, or causes to be paid, compensation for disability or death from silicosis or other dust disease, or for disability or death arising out of and in the course of employment in the logging industry, to the employee, the carrier including a self-insurer shall be reimbursed from the silicosis, dust disease, and logging industry compensation fund for all sums paid in excess of $12,500.00 for personal injury dates before July 1, 1985, and for all compensation paid in excess of $25,000.00 or 104 weeks of weekly compensation, whichever is greater, for personal injury dates after June 30, 1985, excluding payments made pursuant to sections 315, 319, 345, and 801(2), (5), and (6) which have been paid by the carrier including a self-insurer as a portion of its liability.
(2) A benefit paid as a result of disability or death caused, contributed to, or aggravated, by previous exposure to polybrominated biphenyl shall entitle a carrier including a self-insurer to reimbursement from the silicosis, dust disease, and logging industry compensation fund pursuant to this act, if the exposure occurred before July 24, 1979, and arose out of and in the course of employment by an employer located in this state engaged in the manufacture of polybrominated biphenyl. To be reimbursable, the disability or death shall have occurred or become known after July 24, 1979.
(3) All of the funds under this chapter shall have a right to commence an action and obtain recovery under section 827.
History:
1969, Act 317, Eff. Dec. 31, 1969 ;-- Am. 1979, Act 62, Imd. Eff. July 24, 1979 ;-- Am. 1980, Act 357, Eff. Jan. 1, 1982 ;-- Am. 1982, Act 32, Imd. Eff. Mar. 10, 1982 ;-- Am. 1984, Act 98, Imd. Eff. May 8, 1984 ;-- Am. 1994, Act 97, Imd. Eff. Apr. 13, 1994
Popular Name:
Act 317
2023 Michigan Compiled Laws › Chapter 418 - Worker's Disability Compensation › Act 317 of 1969 - Worker's Disability Compensation Act of 1969 (418.101 - 418.941) › 317-1969-5 - Chapter 5 Funds (418.501...418.561) › Section 418.532 - Repealed. 1996, Act 357, Eff. June 1, 2000.

418.532 Repealed. 1996, Act 357, Eff. June 1, 2000.
Compiler's Notes:
The repealed section pertained to rights and liabilities of uninsured employer.
Popular Name:
Act 317
2023 Michigan Compiled Laws › Chapter 418 - Worker's Disability Compensation › Act 317 of 1969 - Worker's Disability Compensation Act of 1969 (418.101 - 418.941) › 317-1969-5 - Chapter 5 Funds (418.501...418.561) › Section 418.535 - Disability Caused by Combination of Causes; Apportionment; Reimbursement of Employer.

418.535 Disability caused by combination of causes; apportionment; reimbursement of employer.
Sec. 535.
If an employee's disability is caused by a combination of silicosis or other dust disease, or arose in the course of employment in the logging industry, and other compensable causes, a worker's compensation magistrate shall apportion the amount of disability between that due to silicosis or other dust disease, or to employment in the logging industry, and other compensable causes. The trustees of the silicosis, dust disease, and logging industry compensation fund shall reimburse the employer liable for compensation for that portion of compensation paid in excess of $12,500.00 for personal injury dates before July 1, 1985, and for all compensation paid in excess of $25,000.00 or 104 weeks of weekly compensation, whichever is greater, for personal injury dates after June 30, 1985, that the silicosis or other dust disease disability, or disability arising out of and in the course of employment in the logging industry, bears to the total disability.
History:
1969, Act 317, Eff. Dec. 31, 1969 ;-- Am. 1980, Act 357, Eff. Jan. 1, 1982 ;-- Am. 1984, Act 99, Imd. Eff. May 8, 1984 ;-- 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 317
2023 Michigan Compiled Laws › Chapter 418 - Worker's Disability Compensation › Act 317 of 1969 - Worker's Disability Compensation Act of 1969 (418.101 - 418.941) › 317-1969-5 - Chapter 5 Funds (418.501...418.561) › Section 418.538 - Claims Authorized Under MCL 418.501a; Payment.

418.538 Claims authorized under MCL 418.501a; payment.
Sec. 538.
The trustees may authorize payments from the private employer group self-insurers security fund for claims authorized under section 501a. A claim may be made against the PEGSISF by request through the funds administrator or by filing a petition for hearing with the agency.
History:
Add. 2014, Act 230, Imd. Eff. June 27, 2014
Popular Name:
Act 317
2023 Michigan Compiled Laws › Chapter 418 - Worker's Disability Compensation › Act 317 of 1969 - Worker's Disability Compensation Act of 1969 (418.101 - 418.941) › 317-1969-5 - Chapter 5 Funds (418.501...418.561) › Section 418.541 - Payments From Funds; Notice of Claim for Reimbursement; Agreements; Rights of Fund as Employer or Carrier.

418.541 Payments from funds; notice of claim for reimbursement; agreements; rights of fund as employer or carrier.
Sec. 541.
(1) All payments from the funds shall be determined by the trustees and made upon an order signed by a trustee. If a dispute arises between the trustees and a carrier as to any determination by the trustees or the obligation of any carrier to make payments on behalf of the second injury fund, the dispute shall be considered a controversy concerning compensation and shall be determined in accordance with this act.
(2) In all cases in which the carrier is entitled to reimbursement, notice of claim for reimbursement shall be filed with the trustees within 1 year from the date on which the right to reimbursement first accrues. After the carrier has established a right to reimbursement, payment shall be made promptly on a proper showing periodically every 6 months.
(3) The trustees may enter into agreements with carriers whereby the payment of benefits to persons permanently and totally disabled, which payments heretofore have been made directly from the second injury fund, may be made by carriers who are paying worker's compensation benefits to those persons, and the carriers shall be reimbursed periodically at 6-month intervals from the fund for those payments.
(4) A fund under this chapter has the same rights under this act as an employer or carrier.
History:
1969, Act 317, Eff. Dec. 31, 1969 ;-- Am. 2014, Act 239, Imd. Eff. June 27, 2014
Popular Name:
Act 317
2023 Michigan Compiled Laws › Chapter 418 - Worker's Disability Compensation › Act 317 of 1969 - Worker's Disability Compensation Act of 1969 (418.101 - 418.941) › 317-1969-5 - Chapter 5 Funds (418.501...418.561) › Section 418.545 - Compromising Liability of Silicosis, Dust Disease, and Logging Industry Compensation Fund; Redemption of Liability.

418.545 Compromising liability of silicosis, dust disease, and logging industry compensation fund; redemption of liability.
Sec. 545.
The trustees may compromise the liability of the silicosis, dust disease, and logging industry compensation fund by entering into a redemption of liability directly with the employee if, in the judgment of the trustees, it is in the employee's best interest to do so. Redemption of liability shall terminate the liability of the fund. A redemption of liability by a carrier including a self-insurer in which the fund is not a party for compensation paid for disability or death from silicosis or other dust disease or for disability or death arising out of and in the course of employment in the logging industry, made with the employee before the actual payment by the carrier including a self-insurer of $12,500.00 in compensation benefits for personal injury dates before July 1, 1985, or before the actual payment by the carrier of $25,000.00 or 104 weeks of benefits, whichever is greater, for personal injury dates after June 30, 1985, shall eliminate the liability of the silicosis, dust disease, and logging industry compensation fund.
History:
1969, Act 317, Eff. Dec. 31, 1969 ;-- Am. 1980, Act 357, Eff. Jan. 1, 1982 ;-- Am. 1984, Act 97, Imd. Eff. May 8, 1984 ;-- Am. 1996, Act 357, Imd. Eff. July 1, 1996
Popular Name:
Act 317
2023 Michigan Compiled Laws › Chapter 418 - Worker's Disability Compensation › Act 317 of 1969 - Worker's Disability Compensation Act of 1969 (418.101 - 418.941) › 317-1969-5 - Chapter 5 Funds (418.501...418.561) › Section 418.552 - Insufficiency of Funds; Borrowing; Repayment; Restriction; Special Assessment.

418.552 Insufficiency of funds; borrowing; repayment; restriction; special assessment.
Sec. 552.
(1) If, before the end of any calendar year, the annual assessments, after having been substantially collected, have not provided funds sufficient to either the second injury fund or the silicosis, dust disease, and logging industry compensation fund to meet the known obligations of those funds as they mature before the next available assessment date, the trustees, if the trustees find it to be reasonably required, may borrow on behalf of 1 fund from the other fund a sum or sums as may be required.
(2) Any sum or sums borrowed on behalf of 1 fund from the other fund shall be included in the next assessment of the borrowing fund and shall be repaid after the assessment has been substantially collected and the fund from which the sum or sums were borrowed during the period before repayment shall record the sum or sums as an asset.
(3) The trustees shall not borrow in the manner described in this section if it would impair the ability of either fund to meet its known obligations as the obligations mature before the next available assessment date.
(4) If the trustees find that it is reasonably required that they borrow on behalf of 1 fund from the other, but that the borrowing will impair the ability of the fund to meet the fund's known obligations as the obligations mature before the next assessment date, then, and in that event only, the trustees may order the director to levy a special assessment on each carrier in a sum sufficient to permit the fund making the assessment to meet the fund's known obligations as the obligations mature before the next available assessment date. The assessment shall be levied on each carrier in the same proportion as used in the preceding annual assessment. Payment of the special assessment shall be paid by each carrier within 45 days after the date of the mailing of the notice of special assessment.
History:
Add. 1970, Act 3, Imd. Eff. Feb. 19, 1970 ;-- Am. 1980, Act 357, Eff. Jan. 1, 1982 ;-- Am. 1982, Act 32, Imd. Eff. Mar. 10, 1982
Popular Name:
Act 317
2023 Michigan Compiled Laws › Chapter 418 - Worker's Disability Compensation › Act 317 of 1969 - Worker's Disability Compensation Act of 1969 (418.101 - 418.941) › 317-1969-5 - Chapter 5 Funds (418.501...418.561) › Section 418.552a - Expired. 1980, Act 357, Eff. Jan. 1, 1986.

418.552a Expired. 1980, Act 357, Eff. Jan. 1, 1986.
Compiler's Notes:
The expired section pertained to employers required to participate in safety education and training programs or to utilize department of labor services.
Popular Name:
Act 317
2023 Michigan Compiled Laws › Chapter 418 - Worker's Disability Compensation › Act 317 of 1969 - Worker's Disability Compensation Act of 1969 (418.101 - 418.941) › 317-1969-5 - Chapter 5 Funds (418.501...418.561) › Section 418.552b - Silicosis, Dust Disease, and Logging Industry Compensation Fund; Review; Report.

418.552b Silicosis, dust disease, and logging industry compensation fund; review; report.
Sec. 552b.
The silicosis, dust disease, and logging industry compensation fund created in section 501 shall be reviewed by the department of labor and reported upon to the legislature not later than January 1, 1985.
History:
Add. 1980, Act 357, Eff. Jan. 1, 1982
Popular Name:
Act 317
2023 Michigan Compiled Laws › Chapter 418 - Worker's Disability Compensation › Act 317 of 1969 - Worker's Disability Compensation Act of 1969 (418.101 - 418.941) › 317-1969-5 - Chapter 5 Funds (418.501...418.561) › Section 418.553 - Self-Insurers' Security Fund or Private Employer Group Self-Insurers Security Fund; Subrogation.

418.553 Self-insurers' security fund or private employer group self-insurers security fund; subrogation.
Sec. 553.
The self-insurers' security fund or the private employer group self-insurers security fund, after paying an injured employee, shall have all the rights of the injured employee as a creditor of the insolvent employer to the extent of benefits it paid. The trustees of the fund shall have the right and obligation to obtain reimbursement to the fund from an insolvent employer for any funds paid out as benefits to the employees of the insolvent employer, including expenses pertinent to payments or recovery thereof.
History:
Add. 1971, Act 149, Imd. Eff. Nov. 16, 1971 ;-- Am. 2014, Act 234, Imd. Eff. June 27, 2014
Popular Name:
Act 317
2023 Michigan Compiled Laws › Chapter 418 - Worker's Disability Compensation › Act 317 of 1969 - Worker's Disability Compensation Act of 1969 (418.101 - 418.941) › 317-1969-5 - Chapter 5 Funds (418.501...418.561) › Section 418.555 - Reimbursement Provisions; Delinquent Carriers.

418.555 Reimbursement provisions; delinquent carriers.
Sec. 555.
The reimbursement provisions of this chapter are not available to any carrier currently delinquent in paying any assessment authorized in this chapter.
History:
1969, Act 317, Eff. Dec. 31, 1969 ;-- Am. 2014, Act 237, Imd. Eff. June 27, 2014
Popular Name:
Act 317
2023 Michigan Compiled Laws › Chapter 418 - Worker's Disability Compensation › Act 317 of 1969 - Worker's Disability Compensation Act of 1969 (418.101 - 418.941) › 317-1969-5 - Chapter 5 Funds (418.501...418.561) › Section 418.561 - Application for Self-Insurance; Agreement as to Insolvency.

418.561 Application for self-insurance; agreement as to insolvency.
Sec. 561.
The application for self-insurance by a private employer shall contain an agreement that in case of insolvency the employer shall make its records available to an agent of the self-insurers' security fund or the private employer group self-insurers security fund, as applicable, to help defend the fund and shall disclose the employer's inability to pay the injured employee.
History:
Add. 1971, Act 149, Imd. Eff. Nov. 16, 1971 ;-- Am. 2014, Act 235, Imd. Eff. June 27, 2014
Popular Name:
Act 317
2023 Michigan Compiled Laws › Chapter 418 - Worker's Disability Compensation › Act 317 of 1969 - Worker's Disability Compensation Act of 1969 (418.101 - 418.941) › 317-1969-6 - Chapter 6 Security for Compensation (418.601...418.659) › Section 418.601 - Definitions.

418.601 Definitions.
Sec. 601.
Whenever used in this act:
(a) "Insurer" means an organization that transacts the business of worker's compensation insurance within this state.
(b) "Self-insurer" means either of the following:
(i) An individual employer authorized to carry its own risk.
(ii) A group of employers who pool their liabilities under this act as a group fund in the manner provided in section 611.
(c) "Carrier" means a self-insurer or an insurer.
History:
1969, Act 317, Eff. Dec. 31, 1969 ;-- Am. 1992, Act 269, Imd. Eff. Dec. 15, 1992 ;-- Am. 1993, Act 198, Eff. Dec. 28, 1994
Compiler's Notes:
Section 3 of Act 198 of 1993 provides as follows:“Section 3. (1)Except as provided in subsection (2), this amendatory act shall not take effect unless the state administrative board certifies in writing to the secretary of state by December 31, 1994 that an agreement for the transfer of all or substantially all of the assets and the assumption of all or substantially all of the liabilities of the state accident fund has been consummated with a permitted transferee pursuant to the requirements of section 701a of the worker's disability compensation act of 1969, Act No. 317 of the Public Acts of 1969, being section 418.701a of the Michigan Compiled Laws, as added by this amendatory act.“(2) Sections 700 and 701a as added by this amendatory act shall take effect upon the date of enactment of this amendatory act.”
Popular Name:
Act 317
2023 Michigan Compiled Laws › Chapter 418 - Worker's Disability Compensation › Act 317 of 1969 - Worker's Disability Compensation Act of 1969 (418.101 - 418.941) › 317-1969-6 - Chapter 6 Security for Compensation (418.601...418.659) › Section 418.613 - Misclassification of Services; Penalties or Interest.

418.613 Misclassification of services; penalties or interest.
Sec. 613.
If the agency determines that services are covered employment under section 161(1)(n) and the agency received the request on or after the effective date of the amendatory act that added this subsection and before January 1, 2013, the employer shall not be subject to penalties or interest on underpayments or other violations before the date of the determination arising from the misclassification of those services.
History:
Add. 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."In this section, the word “subsection” evidently should read “section.”
Popular Name:
Act 317
2023 Michigan Compiled Laws › Chapter 418 - Worker's Disability Compensation › Act 317 of 1969 - Worker's Disability Compensation Act of 1969 (418.101 - 418.941) › 317-1969-6 - Chapter 6 Security for Compensation (418.601...418.659) › Section 418.615 - Report by Employer Not Self-Insurer; Failure to File.

418.615 Report by employer not self-insurer; failure to file.
Sec. 615.
Upon written request of the director, every employer who has not been exempted by the director from insuring his compensation risk shall report to him in writing the number of employees, the nature of their work, the name of the insurer with whom he has insured his liability under this act and the number and date of expiration of such policy. Failure to furnish the report within 10 days from the making of a request by registered mail constitutes presumptive evidence that the delinquent employer is violating the provisions of section 611.
History:
1969, Act 317, Eff. Dec. 31, 1969
Popular Name:
Act 317
2023 Michigan Compiled Laws › Chapter 418 - Worker's Disability Compensation › Act 317 of 1969 - Worker's Disability Compensation Act of 1969 (418.101 - 418.941) › 317-1969-6 - Chapter 6 Security for Compensation (418.601...418.659) › Section 418.625 - Insurance Policy's Notice of Issuance; Contents; Refusal to Accept Coverage.

418.625 Insurance policy's notice of issuance; contents; refusal to accept coverage.
Sec. 625.
Each insurer mentioned in section 611 issuing an insurance policy covering worker's compensation in this state shall file with the director, within 30 days after the effective date of the policy, a notice of the issuance of the policy and its effective date. A notice of issuance of insurance, a notice of termination of insurance, or a notice of employer name change may be submitted in writing or by using agency-approved electronic filing and transaction standards and may be submitted by the insurer directly or by the compensation advisory organization of Michigan on behalf of the insurer. Payment shall not be required by the agency or any third party for the use of agency-approved electronic record layout and transaction standards under this act. Time requirements for notices under this act apply whether filed by the insurer or the compensation advisory organization of Michigan. If the policy covers persons who would otherwise be exempted from this act by section 115, the notice shall contain a specific statement to that effect. A notice is not required of any insurer if the policy issued is a renewal of the preceding policy. The insurer, if it refuses to accept any coverage under this act, shall do so in writing.
History:
1969, Act 317, Eff. Dec. 31, 1969 ;-- Am. 1993, Act 117, Eff. Apr. 1, 1994 ;-- Am. 1995, Act 271, Imd. Eff. Jan. 8, 1996 ;-- Am. 2002, Act 626, Imd. Eff. Dec. 23, 2002 ;-- Am. 2011, Act 266, Imd. Eff. Dec. 19, 2011 ;-- Am. 2012, Act 83, Imd. Eff. Apr. 11, 2012
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 317
2023 Michigan Compiled Laws › Chapter 418 - Worker's Disability Compensation › Act 317 of 1969 - Worker's Disability Compensation Act of 1969 (418.101 - 418.941) › 317-1969-6 - Chapter 6 Security for Compensation (418.601...418.659) › Section 418.631 - Claim Payments; Filing Reports.

418.631 Claim payments; filing reports.
Sec. 631.
(1) If any insurer licensed to transact the business of workmen's compensation insurance within this state repeatedly or unreasonably fails to pay promptly claims for compensation for which it shall become liable or if it repeatedly fails to make reports to the director as provided in this act, the director may recommend to the commissioner of insurance that the license of the company be revoked, setting forth in detail the reasons for his recommendation. The commissioner shall thereupon furnish a copy of the report to the insurer and shall set a date for a hearing, at which both the insurer and the director shall be afforded an opportunity to present evidence. If after the hearing the commissioner is satisfied that the insurer has failed to live up to all of its obligations under this act, he shall promptly revoke its license otherwise he shall dismiss the complaint.
(2) If any employer who is subject to this act as an approved self-insurer repeatedly or unreasonably fails to pay promptly claims for compensation for which it shall become liable or if it repeatedly fails to make reports to the director as provided in this act, the director may revoke the privilege granted to the employer to carry its own risk and require it to insure its liability. Such action shall not be taken by the director against any employer until the employer has been notified in writing of the charges made against it by the director and has been given an opportunity to be heard before the director in answer to the charges.
History:
1969, Act 317, Eff. Dec. 31, 1969
Popular Name:
Act 317
2023 Michigan Compiled Laws › Chapter 418 - Worker's Disability Compensation › Act 317 of 1969 - Worker's Disability Compensation Act of 1969 (418.101 - 418.941) › 317-1969-6 - Chapter 6 Security for Compensation (418.601...418.659) › Section 418.641 - Noncompliance as Misdemeanor; Penalty; Separate Offenses; Damages for Violation of MCL 418.171 or MCL 418.611; Recovery From Uninsured Employer; Disposition of Fines; Director as Party; Injuries to Which Subsections (3), (4), and (5) Applicable.

418.641 Noncompliance as misdemeanor; penalty; separate offenses; damages for violation of MCL 418.171 or MCL 418.611; recovery from uninsured employer; disposition of fines; director as party; injuries to which subsections (3), (4), and (5) applicable.
Sec. 641.
(1) An employer who fails to comply with the provisions of section 611 is guilty of a misdemeanor and may be fined not more than $1,000.00, or imprisoned for not more than 6 months, or both. Each day's failure is a separate offense. An individual employee of an employer who refuses to provide information requested by the fund trustees under section 532(10) is guilty of a misdemeanor and may be fined not more than $1,000.00, or imprisoned for not more than 6 months, or both.
(2) The employee of an employer who violates the provisions of section 171 or 611 shall be entitled to recover damages from the employer in a civil action because of an injury that arose out of and in the course of employment notwithstanding the provisions of section 131.
(3) The director of the bureau shall have the right and obligation to recover on behalf of the workplace health and safety fund from an uninsured employer in a civil action the amounts provided in section 723. If the employer is a corporation, the officers and directors of the corporation shall be individually and jointly and severally liable for any portion of the obligation and expenses that are not satisfied by the corporation.
(4) Any amounts collected pursuant to subsection (3) shall be paid to the uninsured employer's security account within the workplace health and safety fund established in sections 722 and 723.
(5) For the purposes of this section, the director shall be considered a party as described in section 863.
(6) Subsections (3), (4), and (5) shall apply to injuries that occur on or after June 29, 1990.
History:
1969, Act 317, Eff. Dec. 31, 1969 ;-- Am. 1985, Act 103, Imd. Eff. July 30, 1985 ;-- Am. 1990, Act 157, Imd. Eff. June 29, 1990 ;-- Am. 1993, Act 118, Imd. Eff. July 20, 1993 ;-- Am. 1996, Act 357, Imd. Eff. July 1, 1996
Compiler's Notes:
For legislative intent as to severability, see Compiler's note to MCL 418.213.
Popular Name:
Act 317
2023 Michigan Compiled Laws › Chapter 418 - Worker's Disability Compensation › Act 317 of 1969 - Worker's Disability Compensation Act of 1969 (418.101 - 418.941) › 317-1969-6 - Chapter 6 Security for Compensation (418.601...418.659) › Section 418.645 - Complaint; Order to Show Cause; Injunction; Civil Fine; Limitation; Collection and Payment.

418.645 Complaint; order to show cause; injunction; civil fine; limitation; collection and payment.
Sec. 645.
(1) The director may file a complaint in the circuit court for the county in which the employer is located, or in the circuit court for Ingham county, requesting the relief permitted by this section against an employer that has failed, at any time within the immediately preceding 3 years, to comply with section 611.
(2) If the director's complaint alleges that the employer's liability is currently uninsured, there shall immediately be served on the employer an order to show cause why the employer should not be restrained from employing any person in his or her business pending the proceedings or until the employer shall have satisfied the court that the employer has complied with the provisions of section 171 or 611. The order to show cause shall be returnable before the court at a time to be fixed in the order not less than 24 hours nor more than 7 days after its issuance.
(3) Upon a complaint filed pursuant to subsection (1), an injunction shall be issued unless the employer proves that he or she is not subject to the provisions of this act or furnishes a surety company bond in an amount to secure all of the liability of the employer under this act. An injunction issued against an employer under this subsection shall perpetually enjoin the employer from employing any person in his or her business at any time the employer is not complying with section 171 or 611.
(4) The director's complaint may seek a civil fine of not more than $1,000.00 per day against an employer who has failed, at any time within the immediately preceding 3 years, to comply with section 611, whether or not the employer is currently in noncompliance. A civil fine shall be assessed by the court of not more than $1,000.00 for each day the court finds the employer not to have been in compliance with section 611.
(5) A civil fine collected pursuant to this section shall be paid to the worker's compensation administrative revolving fund established by section 835a.
History:
1969, Act 317, Eff. Dec. 31, 1969 ;-- Am. 1985, Act 103, Imd. Eff. July 30, 1985 ;-- Am. 1993, Act 118, Imd. Eff. July 20, 1993
Compiler's Notes:
For legislative intent as to severability, see Compiler's note to MCL 418.213.
Popular Name:
Act 317
2023 Michigan Compiled Laws › Chapter 418 - Worker's Disability Compensation › Act 317 of 1969 - Worker's Disability Compensation Act of 1969 (418.101 - 418.941) › 317-1969-6 - Chapter 6 Security for Compensation (418.601...418.659) › Section 418.647 - Failure of Employer to Comply With MCL 418.611; Liability of Employer as Corporation, Limited Liability Company, or Limited Liability Partnership.

418.647 Failure of employer to comply with MCL 418.611; liability of employer as corporation, limited liability company, or limited liability partnership.
Sec. 647.
(1) If compensation is awarded under this act against any employer who at the time of the injury has not complied with section 611, the employer shall not be entitled as to any judgment entered upon the award, to any of the exemptions of property from seizure and sale on execution allowed by statute.
(2) If the employer is a corporation, the officers and directors of the corporation shall be individually and jointly and severally liable for any portion of the judgment returned unsatisfied after execution against the corporation. If the employer is a limited liability company, the managers who are also members shall be individually and jointly and severally liable for any portion of the judgment returned unsatisfied after execution against the company. If the employer is a limited liability partnership, the partners shall be individually and jointly and severally liable for any portion of the judgment returned unsatisfied after execution against the partnership.
History:
1969, Act 317, Eff. Dec. 31, 1969 ;-- Am. 1995, Act 206, Imd. Eff. Nov. 29, 1995
Popular Name:
Act 317
2023 Michigan Compiled Laws › Chapter 418 - Worker's Disability Compensation › Act 317 of 1969 - Worker's Disability Compensation Act of 1969 (418.101 - 418.941) › 317-1969-6 - Chapter 6 Security for Compensation (418.601...418.659) › Section 418.651 - Existing Contracts Unaffected; Rights and Liabilities.

418.651 Existing contracts unaffected; rights and liabilities.
Sec. 651.
Nothing in this act shall affect any existing contract for employers' liability insurance or affect the organization of any mutual or other insurance company or any arrangement now existing between employers and employees, providing for the payment to the employees, their families, dependents or representatives, sick, accident or death benefits, in addition to the compensation provided for by this act. Liability for compensation under this act shall not be reduced or affected by any insurance, contribution or other benefit whatsoever, due to or received by the person entitled to such compensation. The person so entitled, irrespective of any insurance or other contract, shall have the right to recover the same directly from the employer; and in addition the right to enforce in his or her own name in the manner provided in this act the liability of any insurance company who may have insured, in whole or in part, the liability for such compensation. Payment in whole or in part of such compensation by either the employer or the insurance company carrying the risk shall be a bar, to the extent of the payment, to recovery against the other of the amount so paid.
History:
1969, Act 317, Eff. Dec. 31, 1969 ;-- Am. 1993, Act 198, Eff. Dec. 28, 1994
Compiler's Notes:
Section 3 of Act 198 of 1993 provides as follows:“Section 3. (1)Except as provided in subsection (2), this amendatory act shall not take effect unless the state administrative board certifies in writing to the secretary of state by December 31, 1994 that an agreement for the transfer of all or substantially all of the assets and the assumption of all or substantially all of the liabilities of the state accident fund has been consummated with a permitted transferee pursuant to the requirements of section 701a of the worker's disability compensation act of 1969, Act No. 317 of the Public Acts of 1969, being section 418.701a of the Michigan Compiled Laws, as added by this amendatory act.“(2) Sections 700 and 701a as added by this amendatory act shall take effect upon the date of enactment of this amendatory act.”
Popular Name:
Act 317
2023 Michigan Compiled Laws › Chapter 418 - Worker's Disability Compensation › Act 317 of 1969 - Worker's Disability Compensation Act of 1969 (418.101 - 418.941) › 317-1969-6 - Chapter 6 Security for Compensation (418.601...418.659) › Section 418.655 - Relief From Liability.

418.655 Relief from liability.
Sec. 655.
Any employer against whom liability may exist for compensation under this act, with the approval of the director, may be relieved therefrom by:
(a) Depositing the present value of the total unpaid compensation for which such liability exists, assuming interest at 3% per annum, with a trust company of this state designated by the employee, or by his dependents, in case of his death and such liability exists in their favor, or in default of such designation, after 10 days notice in writing from the employer, with a trust company of this state designated by the director.
(b) Purchasing an annuity, within the limitations provided by law, in any insurance company granting annuities and licensed in this state, which may be designated by the employee, his dependents or the director, as provided in subdivision (a).
History:
1969, Act 317, Eff. Dec. 31, 1969
Popular Name:
Act 317
2023 Michigan Compiled Laws › Chapter 418 - Worker's Disability Compensation › Act 317 of 1969 - Worker's Disability Compensation Act of 1969 (418.101 - 418.941) › 317-1969-6 - Chapter 6 Security for Compensation (418.601...418.659) › Section 418.657 - Public Employers; Operating Expense; Tax Levy.

418.657 Public employers; operating expense; tax levy.
Sec. 657.
Incorporated public boards and commissions shall treat the cost of benefits payable pursuant to the provisions of this act or the cost of insuring their liability for such benefits as part of their necessary operating expense and such sums shall be separately budgeted in any requisition authorized by law to be made on any other public corporation, body or officer. If the incorporated public board or commission is authorized by law to require the levying of taxes through any other public corporation or officer for its use, the expense, separately itemized, may be made a part of the tax levy.
History:
1969, Act 317, Eff. Dec. 31, 1969
Popular Name:
Act 317
2023 Michigan Compiled Laws › Chapter 418 - Worker's Disability Compensation › Act 317 of 1969 - Worker's Disability Compensation Act of 1969 (418.101 - 418.941) › 317-1969-7 - Chapter 7 Accident Fund (418.700... 418.756) › Section 418.700 - Repealed. 2011, Act 266, Imd. Eff. Dec. 19, 2011.

418.700 Repealed. 2011, Act 266, Imd. Eff. Dec. 19, 2011.
Compiler's Notes:
The repealed section pertained to provisions relating to accident fund.
Popular Name:
Act 317
2023 Michigan Compiled Laws › Chapter 418 - Worker's Disability Compensation › Act 317 of 1969 - Worker's Disability Compensation Act of 1969 (418.101 - 418.941) › 317-1969-7 - Chapter 7 Accident Fund (418.700... 418.756) › Section 418.700a - Repealed. 2011, Act 266, Imd. Eff. Dec. 19, 2011.

418.700a Repealed. 2011, Act 266, Imd. Eff. Dec. 19, 2011.
Compiler's Notes:
The repealed section pertained to provisions relating to accident fund.
Popular Name:
Act 317
2023 Michigan Compiled Laws › Chapter 418 - Worker's Disability Compensation › Act 317 of 1969 - Worker's Disability Compensation Act of 1969 (418.101 - 418.941) › 317-1969-7 - Chapter 7 Accident Fund (418.700... 418.756) › Section 418.701 - Repealed. 2011, Act 266, Imd. Eff. Dec. 19, 2011.

418.701 Repealed. 2011, Act 266, Imd. Eff. Dec. 19, 2011.
Compiler's Notes:
The repealed section pertained to provisions relating to accident fund.
Popular Name:
Act 317
2023 Michigan Compiled Laws › Chapter 418 - Worker's Disability Compensation › Act 317 of 1969 - Worker's Disability Compensation Act of 1969 (418.101 - 418.941) › 317-1969-7 - Chapter 7 Accident Fund (418.700... 418.756) › Section 418.701a - Repealed. 2011, Act 266, Imd. Eff. Dec. 19, 2011.

418.701a Repealed. 2011, Act 266, Imd. Eff. Dec. 19, 2011.
Compiler's Notes:
The repealed section pertained to provisions relating to accident fund.
Popular Name:
Act 317
2023 Michigan Compiled Laws › Chapter 418 - Worker's Disability Compensation › Act 317 of 1969 - Worker's Disability Compensation Act of 1969 (418.101 - 418.941) › 317-1969-7 - Chapter 7 Accident Fund (418.700... 418.756) › Section 418.702 - Repealed. 2011, Act 266, Imd. Eff. Dec. 19, 2011.

418.702 Repealed. 2011, Act 266, Imd. Eff. Dec. 19, 2011.
Compiler's Notes:
The repealed section pertained to provisions relating to accident fund.
Popular Name:
Act 317
2023 Michigan Compiled Laws › Chapter 418 - Worker's Disability Compensation › Act 317 of 1969 - Worker's Disability Compensation Act of 1969 (418.101 - 418.941) › 317-1969-7 - Chapter 7 Accident Fund (418.700... 418.756) › Section 418.705 - Repealed. 1993, Act 198, Eff. Dec. 28, 1994.

418.705 Repealed. 1993, Act 198, Eff. Dec. 28, 1994.
Compiler's Notes:
The repealed section pertained to payment of losses and expenses and purchase and sale of securities.
Popular Name:
Act 317
2023 Michigan Compiled Laws › Chapter 418 - Worker's Disability Compensation › Act 317 of 1969 - Worker's Disability Compensation Act of 1969 (418.101 - 418.941) › 317-1969-7 - Chapter 7 Accident Fund (418.700... 418.756) › Section 418.711 - Repealed. 1990, Act 157, Imd. Eff. June 29, 1990.

418.711 Repealed. 1990, Act 157, Imd. Eff. June 29, 1990.
Compiler's Notes:
The repealed section pertained to self-supporting accident fund.
Popular Name:
Act 317
2023 Michigan Compiled Laws › Chapter 418 - Worker's Disability Compensation › Act 317 of 1969 - Worker's Disability Compensation Act of 1969 (418.101 - 418.941) › 317-1969-7 - Chapter 7 Accident Fund (418.700... 418.756) › Section 418.711a, 418.712 - Repealed. 1993, Act 198, Eff. Dec. 28, 1994.

418.711a, 418.712 Repealed. 1993, Act 198, Eff. Dec. 28, 1994.
Compiler's Notes:
The repealed sections pertained to premiums and assessments,revisions to underwriting standards, rules, surplus, escrow accounts, and advances.
Popular Name:
Act 317
2023 Michigan Compiled Laws › Chapter 418 - Worker's Disability Compensation › Act 317 of 1969 - Worker's Disability Compensation Act of 1969 (418.101 - 418.941) › 317-1969-7 - Chapter 7 Accident Fund (418.700... 418.756) › Section 418.713 - Repealed. 2011, Act 266, Imd. Eff. Dec. 19, 2011.

418.713 Repealed. 2011, Act 266, Imd. Eff. Dec. 19, 2011.
Compiler's Notes:
The repealed section pertained to provisions relating to accident fund.
Popular Name:
Act 317
2023 Michigan Compiled Laws › Chapter 418 - Worker's Disability Compensation › Act 317 of 1969 - Worker's Disability Compensation Act of 1969 (418.101 - 418.941) › 317-1969-7 - Chapter 7 Accident Fund (418.700... 418.756) › Section 418.714, 418.715 - Repealed. 1993, Act 198, Eff. Dec. 28, 1994.

418.714, 418.715 Repealed. 1993, Act 198, Eff. Dec. 28, 1994.
Compiler's Notes:
The repealed sections pertained to provision of membership and coverage to applicants at rates not excessive, inadequate, or unfairly discriminatory; classification of plants, establishments, or places of work in respect to safety; manner of paying premiums and assessments; and changing amount or premiums and assessments.
Popular Name:
Act 317
2023 Michigan Compiled Laws › Chapter 418 - Worker's Disability Compensation › Act 317 of 1969 - Worker's Disability Compensation Act of 1969 (418.101 - 418.941) › 317-1969-7 - Chapter 7 Accident Fund (418.700... 418.756) › Section 418.721 - Repealed. 1990, Act 157, Imd. Eff. June 29, 1990.

418.721 Repealed. 1990, Act 157, Imd. Eff. June 29, 1990.
Compiler's Notes:
The repealed section pertained to assessments.
Popular Name:
Act 317