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Act of 1969 (418.101 - 418.941) › 317-1969-7 - Chapter 7 Accident Fund (418.700... 418.756) › Section 418.722-418.725 - Repealed. 1993, Act 198, Eff. Dec. 28, 1994.

418.722-418.725 Repealed. 1993, Act 198, Eff. Dec. 28, 1994.
Compiler's Notes:
The repealed sections pertained to workplace health and safety fund, uninsured employers, and policy.
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Act of 1969 (418.101 - 418.941) › 317-1969-7 - Chapter 7 Accident Fund (418.700... 418.756) › Section 418.731 - Repealed. 2011, Act 266, Imd. Eff. Dec. 19, 2011.

418.731 Repealed. 2011, Act 266, Imd.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The repealed section pertained to provisions relating to accident fund.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Act of 1969 (418.101 - 418.941) › 317-1969-7 - Chapter 7 Accident Fund (418.700... 418.756) › Section 418.735 - Repealed. 1993, Act 198, Eff. Dec. 28, 1994.

418.735 Repealed. 1993, Act 198, Eff. Dec. 28, 1994.
Compiler's Notes:
The repealed section pertained to inspection of books, records, and payrolls.
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Act of 1969 (418.101 - 418.941) › 317-1969-7 - Chapter 7 Accident Fund (418.700... 418.756) › Section 418.741 - Repealed. 2011, Act 266, Imd. Eff. Dec. 19, 2011.

418.741 Repealed. 2011, Act 266, Imd.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The repealed section pertained to provisions relating to accident fund.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Act of 1969 (418.101 - 418.941) › 317-1969-7 - Chapter 7 Accident Fund (418.700... 418.756) › Section 418.742 - Repealed. 1993, Act 198, Eff. Dec. 28, 1994.

418.742 Repealed. 1993, Act 198, Eff. Dec. 28, 1994.
Compiler's Notes:
The repealed section pertained to authority of licensed agents.
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 418.745, 418.746 - Repealed. 1993, Act 198, Eff. Dec. 28, 1994.

418.745, 418.746 Repealed. 1993, Act 198, Eff. Dec. 28, 1994.
Compiler's Notes:
The repealed sections pertained to payments from fund and purposes of revolving 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 418.751 - Repealed. 2011, Act 266, Imd. Eff. Dec. 19, 2011.

418.751 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 418.755, 418.756 - Repealed. 1993, Act 198, Eff. Dec. 28, 1994.

418.755, 418.756 Repealed. 1993, Act 198, Eff. Dec. 28, 1994.
Compiler's Notes:
The repealed sections pertained to duties of advisory board.
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) › 317-1969-8 - Chapter 8 Procedure (418.801...418.899) › Section 418.805 - Record of Injuries; Contents; Reports to Bureau.

418.805 Record of injuries; contents; reports to bureau.
Sec. 805.
Every employer who is subject to this act shall keep a record of all injuries causing death or disability of any employee arising out of and in the course of the employment, which record shall give the name, address, age, wages of the deceased or disabled employee, the time and cause of the accident, the nature and extent of the injury and disability and such other information as the director may reasonably require. Reports based upon such record shall be furnished to the bureau at such times and in such manner as the director may reasonably require.
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) › 317-1969-8 - Chapter 8 Procedure (418.801...418.899) › Section 418.811 - Compensation; Effect of Savings, Insurance, or Other Benefits.

418.811 Compensation; effect of savings, insurance, or other benefits.
Sec. 811.
Any savings or insurance of the injured employee, or any contribution made by the injured employee to any benefit fund or protective association independent of this act, shall not be taken into consideration in determining the compensation to be paid under this act, nor shall benefits derived from any other source than those paid or caused to be paid by the employer as provided in this act, be considered in fixing the compensation under this act, except as provided in sections 161, 354, 358, 821, and 846.
History:
1969, Act 317, Eff. Dec. 31, 1969 ;-- Am. 1981, Act 201, 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) › 317-1969-8 - Chapter 8 Procedure (418.801...418.899) › Section 418.815 - Compensation; Waiver of Right, Validity.

418.815 Compensation; waiver of right, validity.
Sec. 815.
No agreement by an employee to waive his rights to compensation under this act shall be valid except that employees or their dependents as defined in section 161, after injury only, may elect as provided in section 161.
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) › 317-1969-8 - Chapter 8 Procedure (418.801...418.899) › Section 418.823 - Mental Incompetents or Minors.

418.823 Mental incompetents or minors.
Sec. 823.
If an injured employee is mentally incompetent or is a minor at the time when any right or privilege accrues to him under this act, his guardian or next friend may claim and exercise in his behalf such right or privilege.
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) › 317-1969-8 - Chapter 8 Procedure (418.801...418.899) › Section 418.831 - Compensation; Acceptance, Effect.

418.831 Compensation; acceptance, effect.
Sec. 831.
Neither the payment of compensation or the accepting of the same by the employee or his dependents shall be considered as a determination of the rights of the parties under this act.
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) › 317-1969-8 - Chapter 8 Procedure (418.801...418.899) › Section 418.833 - Application for Further Compensation; Overpayment, Recoupment.

418.833 Application for further compensation; overpayment, recoupment.
Sec. 833.
(1) If payment of compensation is made, other than medical expenses, and an application for further compensation is later filed with the bureau, no compensation shall be ordered for any period which is more than 1 year prior to the date of filing of such application.
(2) When an employer or carrier takes action to recover overpayment of benefits, no recoupment of money shall be allowed for a period which is more than 1 year prior to the date of taking such action.
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) › 317-1969-8 - Chapter 8 Procedure (418.801...418.899) › Section 418.835a - Worker's Compensation Administrative Revolving Fund; Creation; Administration and Use of Fund; Carry Over.

418.835a Worker's compensation administrative revolving fund; creation; administration and use of fund; carry over.
Sec. 835a.
(1) The worker's compensation administrative revolving fund is created in the state treasury. The fund shall be administered by the department of labor and shall be used only as prescribed in section 835(5).
(2) Any money, including interest earned by the fund, remaining in the fund at the end of a fiscal year shall be carried over in the fund to the next and succeeding fiscal years and shall not be credited to or revert to the general fund.
History:
Add. 1985, Act 103, Imd. Eff. July 30, 1985
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) › 317-1969-8 - Chapter 8 Procedure (418.801...418.899) › Section 418.837 - Approval or Rejection of Redemption Agreements and Lump Sum Applications; Review; Order; Appeal; Finality.

418.837 Approval or rejection of redemption agreements and lump sum applications; review; order; appeal; finality.
Sec. 837.
(1) All redemption agreements and lump sum applications filed under the provisions of section 835 shall be approved or rejected by a worker's compensation magistrate.
(2) The director may, or upon the request of any of the parties to the action shall, review the order of the worker's compensation magistrate entered under subsection (1). In the event of review by the director and in accordance with such rules as the director may prescribe and after hearing, the director shall enter an order as the director considers just and proper. Any order of the director under this subsection may be appealed to the appellate commission within 15 days after the order is mailed to the parties.
(3) Unless review is ordered or requested within 15 days after the date the order of the worker's compensation magistrate is mailed, or distributed electronically, to the parties, the order shall be final.
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 ;-- Am. 2011, Act 266, Imd. Eff. Dec. 19, 2011
Compiler's Notes:
For legislative intent as to severability, see Compiler's note to MCL 418.213.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) › 317-1969-8 - Chapter 8 Procedure (418.801...418.899) › Section 418.845 - Out-of-State Injuries; Jurisdiction; Benefits.

418.845 Out-of-state injuries; jurisdiction; benefits.
Sec. 845.
The worker's compensation agency shall have jurisdiction over all controversies arising out of injuries suffered outside this state if the injured employee is employed by an employer subject to this act and if either the employee is a resident of this state at the time of injury or the contract of hire was made in this state. The employee or his or her dependents shall be entitled to the compensation and other benefits provided by this act.
History:
1969, Act 317, Eff. Dec. 31, 1969 ;-- Am. 2008, Act 499, Imd. Eff. Jan. 13, 2009
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) › 317-1969-8 - Chapter 8 Procedure (418.801...418.899) › Section 418.846 - Worker's Compensation Benefits Received Under Law of Another State for Same Personal Injury; Credit.

418.846 Worker's compensation benefits received under law of another state for same personal injury; credit.
Sec. 846.
If an employee or the employee's dependents receive worker's compensation benefits from an employer, a carrier, a principal, or a subcontractor under the law of another state for the same personal injury for which benefits are payable under this act, the amount recovered under the law of the other state, whether paid or to be paid in future installments, shall be credited against the benefits payable under this act.
History:
Add. 1981, Act 202, 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) › 317-1969-8 - Chapter 8 Procedure (418.801...418.899) › Section 418.847 - Setting Case for Mediation or Hearing; Hearing; Order; Opinion; Resolution of Case by Mediation.

418.847 Setting case for mediation or hearing; hearing; order; opinion; resolution of case by mediation.
Sec. 847.
(1) Except as otherwise provided for under this act, upon the filing with the agency by any party in interest of an application in writing stating the general nature of any claim as to which any dispute or controversy may have arisen, the case shall be set for mediation or hearing, as applicable. An application may be submitted electronically. A worker's compensation magistrate shall hear a case that is set for hearing.
(2) The worker's compensation magistrate, in addition to a written order, shall file a concise written opinion stating his or her reasoning for the order including any findings of fact and conclusions of law. The order and opinion shall be part of the record of the hearing. The order and opinion may be filed and distributed electronically.
(3) If the agency or the Michigan administrative hearing system determines that a case may be resolved by mediation, the case may be mediated by the parties. If the matter is not resolved by the mediation, the case shall be set for hearing.
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 ;-- Am. 2011, Act 266, Imd. Eff. Dec. 19, 2011
Compiler's Notes:
For legislative intent as to severability, see Compiler's note to MCL 418.213.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."For the transfer of powers and duties of the executive director of the Michigan administrative hearing system to the director of the workers' disability compensation agency, and the transfer of the workers' disability compensation agency and the workers' compensation board of magistrates from the department of licensing and regulatory affairs to the department of labor and economic opportunity, see E.R.O. No. 2019-3, compiled at MCL 125.1998.
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) › 317-1969-8 - Chapter 8 Procedure (418.801...418.899) › Section 418.851 - Inquiries and Investigations; Evidence; Place of Hearing; Filing Order With Bureau; Stipulations; Modification or Correction of Errors; Order of Bureau.

418.851 Inquiries and investigations; evidence; place of hearing; filing order with bureau; stipulations; modification or correction of errors; order of bureau.
Sec. 851.
The worker's compensation magistrate at the hearing of the claim shall make such inquiries and investigations as he or she considers necessary. A claimant shall prove his or her entitlement to compensation and benefits under this act by a preponderance of the evidence. The hearing shall be held at the locality where the injury occurred and the order of the worker's compensation magistrate shall be filed with the bureau. If the parties stipulate within 30 days to modify or correct errors in the decision issued, the magistrate shall modify or correct errors in the decision in accordance with such stipulations. All such stipulations shall comply with the provisions of this act. Unless a claim for review is filed by a party within 30 days, the order shall stand as the order of the bureau.
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 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) › 317-1969-8 - Chapter 8 Procedure (418.801...418.899) › Section 418.851a - Repealed. 1989, Act 117, Eff. Mar. 30, 1992.

418.851a Repealed. 1989, Act 117, Eff. Mar. 30, 1992.
Compiler's Notes:
The repealed section granted further time to claim review under MCL 418.851.
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) › 317-1969-8 - Chapter 8 Procedure (418.801...418.899) › Section 418.852 - Liability of Carrier or Fund; Determination; Reimbursement of Carrier or Fund.

418.852 Liability of carrier or fund; determination; reimbursement of carrier or fund.
Sec. 852.
(1) The liability of a carrier or fund regarding a claim under this act shall be determined by the hearing referee or worker's compensation magistrate, as applicable, at the time of the award of benefits.
(2) If a carrier or fund originally determined to be liable pursuant to subsection (1) is subsequently determined to not be liable or not to the same extent as originally determined, that carrier or fund shall be reimbursed by the liable party or parties with interest at 12% per annum.
History:
Add. 1985, Act 103, Imd. Eff. July 30, 1985
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) › 317-1969-8 - Chapter 8 Procedure (418.801...418.899) › Section 418.853 - Process and Procedure; Oaths; Subpoenas; Examination of Books and Records; Contempt; Application to Circuit Court.

418.853 Process and procedure; oaths; subpoenas; examination of books and records; contempt; application to circuit court.
Sec. 853.
Process and procedure under this act shall be as summary as reasonably may be. The director, worker's compensation magistrates, arbitrators, and the Michigan compensation appellate commission may administer oaths, subpoena witnesses, and examine such parts of the books and records of the parties to a proceeding as relate to questions in dispute. A subpoena signed by an attorney of record in the action has the force and effect of an order signed by the worker's compensation magistrate or arbitrator associated with the hearing. Any witness who refuses to obey a subpoena, who refuses to be sworn or testify, or who fails to produce any papers, books, or documents touching any matter under investigation or any witness, party, or attorney who is guilty of any contempt while in attendance at any hearing held under this act may be punished as for contempt of court. An application for this purpose may be made to any circuit court within whose jurisdiction the offense is committed and for which purpose the court is given jurisdiction.
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 ;-- Am. 2011, Act 266, Imd. Eff. Dec. 19, 2011
Compiler's Notes:
For legislative intent as to severability, see Compiler's note to MCL 418.213.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."For the abolishment of the Michigan compensation appellate commission and establishment of the new workers' disability compensation appeals commission within the workers' disability compensation agency in the department of labor and economic opportunity and the transfer of certain powers and duties of the Michigan compensation appellate commission to the workers' disability compensation appeals commission, see E.R.O. No. 2019-3, compiled at MCL 125.1998.
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) › 317-1969-8 - Chapter 8 Procedure (418.801...418.899) › Section 418.855 - Statement of Injured Employee; Copy; Admissibility as Evidence.

418.855 Statement of injured employee; copy; admissibility as evidence.
Sec. 855.
If the employer, carrier or any agent of either takes a statement from an injured employee, the statement cannot be used as evidence against the employee unless a copy thereof is given to him at the time it is taken.
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) › 317-1969-8 - Chapter 8 Procedure (418.801...418.899) › Section 418.859 - Repealed. 1989, Act 117, Eff. Mar. 30, 1992.

418.859 Repealed. 1989, Act 117, Eff. Mar. 30, 1992.
Compiler's Notes:
The repealed section pertained to review by repeal board.
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) › 317-1969-8 - Chapter 8 Procedure (418.801...418.899) › Section 418.859a - Filing Claim for Review; Time; Copy of Testimony, Depositions, and Other Documents.

418.859a Filing claim for review; time; copy of testimony, depositions, and other documents.
Sec. 859a.
(1) Except as otherwise provided for in this act, a claim for review of a case for which an application under section 847 is filed after March 31, 1986 shall be filed with the appellate commission. A claim for review shall be filed with the commission not more than 30 days after the date the order of the worker's compensation magistrate or director is sent to the parties. For sufficient cause shown, the commission may grant further time in which to claim a review.
(2) If the employer or carrier files a claim for review to the appellate commission, or appeals to the court of appeals, or the supreme court, a copy of the testimony, depositions, and other documents necessary for the appeal shall be furnished by the employer or carrier to the employee or the employee's attorney.
History:
Add. 1985, Act 103, Imd. Eff. July 30, 1985
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) › 317-1969-8 - Chapter 8 Procedure (418.801...418.899) › Section 418.860 - Repealed. 1994, Act 271, Imd. Eff. July 11, 1994.

418.860 Repealed. 1994, Act 271, Imd. Eff. July 11, 1994.
Compiler's Notes:
The repealed section pertained to filing claim for review of case pending review by appeal board for 3 or more years.
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) › 317-1969-8 - Chapter 8 Procedure (418.801...418.899) › Section 418.861 - Findings of Fact Conclusive; Questions of Law.

418.861 Findings of fact conclusive; questions of law.
Sec. 861.
The findings of fact made by the board acting within its powers, in the absence of fraud, shall be conclusive. The court of appeals and the supreme court shall have power to review questions of law involved in any final order of the board, if application is made by the aggrieved party within 30 days after such order by any method permissible under the rules of the courts of the laws of this state.
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) › 317-1969-8 - Chapter 8 Procedure (418.801...418.899) › Section 418.861b - Vexatious Claim or Proceedings; Disciplinary Action.

418.861b Vexatious claim or proceedings; disciplinary action.
Sec. 861b.
The commission, upon its own motion, or the motion of any party, may dismiss a claim for review, assess costs, or take other disciplinary action when it has been determined that the claim or any of the proceedings with regard to the claim was vexatious by reason of either of the following:
(a) That the claim was taken for purposes of hindrance or delay or without any reasonable basis for belief that there was meritorious issue to be determined on appeal.
(b) That any pleading, motion, argument, petition, brief, document, or appendix filed in the cause or any testimony presented in the cause was grossly lacking in the requirements of propriety or grossly disregarded the requirements of a fair presentation of the issues.
History:
Add. 1985, Act 103, Imd. Eff. July 30, 1985
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) › 317-1969-8 - Chapter 8 Procedure (418.801...418.899) › Section 418.863 - Presentation of Certified Copy of Order to Circuit Court; Judgment.

418.863 Presentation of certified copy of order to circuit court; judgment.
Sec. 863.
Any party may present a certified copy of an order of a worker's compensation magistrate, an arbitrator, the director, or the appellate commission in any compensation proceeding to the circuit court for the circuit in which the injury occurred, or to the circuit court for the county of Ingham if the injury was sustained outside this state. The court, after 7 days' notice to the opposite party or parties, shall render judgment in accordance with the order unless proof of payment is made. The judgment shall have the same effect as though rendered in an action tried and determined in the court and shall be entered and docketed with like effect.
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 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) › 317-1969-8 - Chapter 8 Procedure (418.801...418.899) › Section 418.865 - Examination by Physicians; Fee.

418.865 Examination by physicians; fee.
Sec. 865.
The bureau may appoint a duly qualified impartial physician to examine the injured employee and to report. The fee for this service shall be $5.00 and traveling expenses, but the bureau may allow additional reasonable amounts in extraordinary cases.
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) › 317-1969-8 - Chapter 8 Procedure (418.801...418.899) › Section 418.867 - Investigation Commission; Report, Expenses.

418.867 Investigation commission; report, expenses.
Sec. 867.
Whenever in the opinion of the governor the provisions of this act shall be unfair to either employees or employers, he may appoint a commission to investigate thoroughly the workings of the act and report thereon to the governor. The report shall be submitted by him to the legislature at its first regular or special session held after the receipt of the report. The report, in addition to the recommendations thereof, shall contain the text of needed changes or amendments to place this act upon a perfectly fair basis. The members of the commission shall have power to summon witnesses, administer oaths and compel the production of books and papers. They shall each receive compensation at the rate of $10.00 per day, together with actual and necessary expenses incurred in the performance of official duties, such compensation and expenses to be audited and allowed by the department of administration and paid out of the general fund. Such compensation and expenses shall not exceed the sum of $3,000.00.
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) › 317-1969-8 - Chapter 8 Procedure (418.801...418.899) › Section 418.891 - Application of Prior Law; New Benefit Rates; Saving Clause; Applicability of Amendments to Personal Injuries and Work-Related Diseases Incurred on or After December 19, 2011.

418.891 Application of prior law; new benefit rates; saving clause; applicability of amendments to personal injuries and work-related diseases incurred on or after December 19, 2011.
Sec. 891.
(1) To the extent that they are reenacted herein, all the provisions of former 1965 PA 44 apply only to personal injuries occurring on or after September 1, 1965, except as otherwise provided in that act and except for the amendment to part 2, section 4 of that act, concerning selection of physicians as provided in that act.
(2) In all cases where the date of injury is on or after September 1, 1965, and the employee or his dependents would be entitled to the new maximum weekly benefit rates, the employee or his dependents shall receive, without application to the workers' compensation agency, an adjustment to the increased maximum rate as it becomes effective September 1, 1966, or September 1, 1967, for any compensable weeks subsequent to the above dates.
(3) This act does not affect or impair any right accruing, accrued or acquired or any liability developing or imposed prior to the time this act takes effect, and all such rights and liabilities shall be governed by the provisions of former 1912 (1st Ex Sess) PA 10. The first adjustment to the maximum rates of weekly compensation provided previously in section 9(f) of part 2 of former 1912 (1st Ex Sess) PA 10, shall remain in effect to the extent provided in such section and the amount of change in the average weekly wage not incorporated in the first adjustment made January 1, 1969 shall be carried forward as provided in such section.
(4) Notwithstanding sections 301(14) and 401(10), the amendments to this act made by 2011 PA 266 apply to personal injuries and work-related diseases incurred on or after December 19, 2011.
History:
1969, Act 317, Eff. Dec. 31, 1969 ;-- Am. 2012, Act 83, Imd. Eff. Apr. 11, 2012
Compiler's Notes:
Act 10 of 1912, 1st Ex. Sess., referred to in this section, was repealed by Act 317 of 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) › 317-1969-8 - Chapter 8 Procedure (418.801...418.899) › Section 418.898 - Repeal.

418.898 Repeal.
Sec. 898.
Act No. 357 of the Public Acts of 1947, as amended, being sections 408.1 to 408.33 of the Compiled Laws of 1948 and Act No. 10 of the Public Acts of the First Extra Session of 1912, as amended, being sections 411.1 to 417.61 of the Compiled Laws of 1948, are repealed.
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) › 317-1969-8 - Chapter 8 Procedure (418.801...418.899) › Section 418.899 - Effective Date.

418.899 Effective date.
Sec. 899.
This act shall take effect December 31, 1969.
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) › 317-1969-9 - Chapter 9 Vocationally Handicapped (418.901...418.941) › Section 418.901 - Definitions.

418.901 Definitions.
Sec. 901.
As used in this chapter:
(a) "Vocationally disabled" means a person who has a medically certifiable impairment of the back or heart, or who is subject to epilepsy, or who has diabetes, and whose impairment is a substantial obstacle to employment, considering such factors as the person's age, education, training, experience, and employment rejection.
(b) "Certifying agency" means the division of vocational rehabilitation of the department of education.
(c) "Certificate" means documentation issued by the certifying agency to an individual who is vocationally disabled.
(d) "Fund" means the second injury fund created in chapter 5. Payments made by the fund under this chapter shall be treated the same as all other payments made by the second injury fund.
History:
Add. 1971, Act 183, Eff. July 1, 1972 ;-- Am. 1973, Act 198, Imd. Eff. Jan. 11, 1974 ;-- Am. 1998, Act 74, Imd. Eff. May 4, 1998
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) › 317-1969-9 - Chapter 9 Vocationally Handicapped (418.901...418.941) › Section 418.905 - Application for Certification as Vocationally Disabled; Investigation; Issuance, Expiration, Renewal, and Validity of Certificate.

418.905 Application for certification as vocationally disabled; investigation; issuance, expiration, renewal, and validity of certificate.
Sec. 905.
An unemployed person who wishes to be certified as vocationally disabled for purposes of this chapter shall apply to the certifying agency on forms furnished by the agency. The certifying agency shall conduct an investigation and shall issue a certificate to a person who meets the requirements for vocationally disabled certification. The certificate is valid for 2 calendar years after the date of issuance. After expiration of a certificate an unemployed person may apply for a new certificate. A certificate is not valid with an employer by whom the person has been employed within 52 weeks before issuance of the certificate.
History:
Add. 1971, Act 183, Eff. July 1, 1972 ;-- Am. 1998, Act 74, Imd. Eff. May 4, 1998
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) › 317-1969-9 - Chapter 9 Vocationally Handicapped (418.901...418.941) › Section 418.911 - Filing by Employer of Information Requested by Certifying Agency.

418.911 Filing by employer of information requested by certifying agency.
Sec. 911.
Upon commencement of employment of a certified vocationally disabled person the employer shall submit to the certifying agency, on forms furnished by the agency, all pertinent information requested by the agency. The certifying agency shall acknowledge receipt of the information. Failure to file the required information with the certifying agency within 60 days after the first day of the vocationally disabled person's employment precludes the employer from the protection and benefits of this chapter unless such information is filed before an injury for which benefits are payable under this act.
History:
Add. 1971, Act 183, Eff. July 1, 1972 ;-- Am. 1998, Act 74, Imd. Eff. May 4, 1998
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) › 317-1969-9 - Chapter 9 Vocationally Handicapped (418.901...418.941) › Section 418.915 - Rules.

418.915 Rules.
Sec. 915.
The director of the certifying agency shall promulgate rules of procedure for certification of vocationally disabled persons in accordance with the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328.
History:
Add. 1971, Act 183, Eff. July 1, 1972 ;-- Am. 1998, Act 74, Imd. Eff. May 4, 1998
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) › 317-1969-9 - Chapter 9 Vocationally Handicapped (418.901...418.941) › Section 418.921 - Compensation for Personal Injury Resulting in Death or Disability; Liability of Fund.

418.921 Compensation for personal injury resulting in death or disability; liability of fund.
Sec. 921.
A person certified as vocationally disabled who receives a personal injury arising out of and in the course of his employment and resulting in death or disability, shall be paid compensation in the manner and to the extent provided in this act, or in case of his death resulting from such injury, the compensation shall be paid to his dependents. The liability of the employer for payment of compensation, for furnishing medical care or for payment of expenses of the employee's last illness and burial as provided in this act shall be limited to those benefits accruing during the period of 52 weeks after the date of injury. Thereafter, all compensation and the cost of all medical care and expenses of the employee's last sickness and burial shall be the liability of the fund. The fund shall be liable, from the date of injury, for those vocational rehabilitation benefits provided in section 319.
History:
Add. 1971, Act 183, Eff. July 1, 1972 ;-- Am. 1985, Act 103, Imd. Eff. July 30, 1985 ;-- Am. 1998, Act 74, Imd. Eff. May 4, 1998
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) › 317-1969-9 - Chapter 9 Vocationally Handicapped (418.901...418.941) › Section 418.925 - Procedure and Practice Applicable in Personal Injury Proceedings; Notice to Fund; Payments by Carrier on Behalf of Fund; Reimbursement; Direct Payments by Fund.

418.925 Procedure and practice applicable in personal injury proceedings; notice to fund; payments by carrier on behalf of fund; reimbursement; direct payments by fund.
Sec. 925.
(1) When a vocationally disabled person receives a personal injury, the procedure and practice provided in this act applies to all proceedings under this chapter, except where specifically otherwise provided herein. Not less than 90 nor more than 150 days before the expiration of 52 weeks after the date of injury, the carrier shall notify the fund whether it is likely that compensation may be payable beyond a period of 52 weeks after the date of injury. The fund, thereafter, may review, at reasonable times, such information as the carrier has regarding the accident, and the nature and extent of the injury and disability.
(2) If the fund does not notify the carrier of its intent to dispute the payment of compensation, the carrier shall continue to make payments on behalf of the fund, and shall be reimbursed by the fund for all compensation paid and pertaining to the period beyond 52 weeks after the date of injury. However at any time subsequent to 52 weeks after the date of injury, the fund may notify the carrier of a dispute as to the payment of compensation. The liability of the fund to reimburse the carrier shall be suspended 30 days thereafter until such controversy is determined.
(3) The obligation imposed by this section on a carrier to make payments on behalf of the fund does not impose an independent liability on the carrier. After a carrier has established the right to reimbursement, payment shall be made promptly on a proper showing every 6 months. If a carrier does not make the payments on behalf of the fund, the fund may make the payments directly to the persons entitled to such payments.
History:
Add. 1971, Act 183, Eff. July 1, 1972 ;-- Am. 1985, Act 103, Imd. Eff. July 30, 1985 ;-- Am. 1998, Act 74, Imd. Eff. May 4, 1998
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) › 317-1969-9 - Chapter 9 Vocationally Handicapped (418.901...418.941) › Section 418.931 - Dispute or Controversy as to Payment of Compensation; Notice to and Claim Upon Employer; Hearing; Joinder of Fund; Notice to Fund; Objection; Evidence; Appearances; Order.

418.931 Dispute or controversy as to payment of compensation; notice to and claim upon employer; hearing; joinder of fund; notice to fund; objection; evidence; appearances; order.
Sec. 931.
(1) If an employee was employed under the provisions of this chapter and a dispute or controversy arises as to payment of compensation or the liability therefor, the employee shall give notice to, and make claim upon, the employer as provided in chapters 3 and 4 and apply for a hearing. On motion made in writing by the employer, the director, or the worker's compensation magistrate to whom the case is assigned, shall join the fund as a party defendant.
(2) The bureau within 5 days of the entry of an order joining the fund as a party defendant shall give the fund written notice thereof by first-class mail which notice shall be mailed not less than 30 days before the date of hearing and shall include the name of the employee and employer and the date of the alleged personal injury or disability.
(3) The fund, named as a defendant pursuant to motion, shall have 10 days after the date of mailing of notice of joinder to file objection to being named a party defendant. On the date of the hearing at which the liability of the parties is determined, the worker's compensation magistrate first shall hear arguments and take evidence concerning the joinder as party defendant. If the fund has filed a timely objection, and if the argument and evidence warrant, the worker's compensation magistrate shall grant a motion to dismiss.
(4) At the time of the hearing, the employer and the fund may appear, cross-examine witnesses, give evidence, and defend both on the issue of liability of the employer to the employee and on the issue of the liability of the fund.
(5) The worker's compensation magistrate shall enter an order determining the respective liability of the employer and the fund.
History:
Add. 1971, Act 183, Eff. July 1, 1972 ;-- 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) › 317-1969-9 - Chapter 9 Vocationally Handicapped (418.901...418.941) › Section 418.935 - Redemption of Liability.

418.935 Redemption of liability.
Sec. 935.
After an employer has paid an employee those benefits which have accrued during the period of 52 weeks after the date of injury, the trustees may compromise the liability of the 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 terminates all liability, including vocational rehabilitation, of the fund. A redemption of liability by the employer made with the employee before actual payment by the employer of those benefits which have accrued during the period of 52 weeks after the date of injury eliminates all liability, including vocational rehabilitation, of the fund.
History:
Add. 1971, Act 183, Eff. July 1, 1972 ;-- Am. 1985, Act 103, Imd. Eff. July 30, 1985
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) › 317-1969-9 - Chapter 9 Vocationally Handicapped (418.901...418.941) › Section 418.941 - Reports; Investigation.

418.941 Reports; investigation.
Sec. 941.
A copy of all reports required by the bureau of the carrier under the bureau's rules shall be sent to the fund. The fund may conduct an investigation of the personal injury.
History:
Add. 1971, Act 183, Eff. July 1, 1972
Popular Name:
Act 317
2023 Michigan Compiled Laws › Chapter 419 - Miscellaneous Labor Laws › Act 104 of 1909 - Liability of Railroads to Employees (419.51 - 419.57) › Section 419.51 - Railroads; Liability to Employees or Personal Representative for Negligence.

419.51 Railroads; liability to employees or personal representative for negligence.
Sec. 1.
Every common carrier railroad company in this state shall be liable to any of its employees, or, in case of his or her death, to his or her personal representative for the benefit of his or her spouse and children, if any; if none, then for his or her parents; if none, then for his or her next of kin, for all damages which may result from the negligence of the railroad company or from the negligence of any of its officers, agents, or employees, or by reason of any defect or insufficiency due to the negligence of the common carrier railroad company in its cars, engines, appliances, machinery, track, road bed, works, boats, wharves, coal docks, or other equipment.
History:
1909, Act 104, Eff. Sept. 1, 1909 ;-- CL 1915, 5496 ;-- CL 1929, 8629 ;-- CL 1948, 419.51 ;-- Am. 1983, Act 197, Imd. Eff. Nov. 7, 1983
2023 Michigan Compiled Laws › Chapter 419 - Miscellaneous Labor Laws › Act 104 of 1909 - Liability of Railroads to Employees (419.51 - 419.57) › Section 419.52 - Contributory Negligence; Degree, Effect; Assumption of Risk.

419.52 Contributory negligence; degree, effect; assumption of risk.
Sec. 2.
In all actions hereafter brought against any such common carrier railroad company under or by virtue of any of the provisions of this act to recover damages for personal injury to an employe, or where such injuries have resulted in his death, the fact that the employe may have been guilty of contributory negligence shall not bar a recovery: Provided, That the negligence of such employe was of a lesser degree than the negligence of such company, its officers, agents or employes: Provided further, That no such employe who may be injured or killed shall be held to have been guilty of contributory negligence in any case where the violation by such common carrier railroad company of any statute enacted for the safety of employes contributed to the injury of such employe, and such employe shall not be held to have assumed the risk of his employment in any case where the violation by such common carrier of any statute enacted for the safety of employes contributed to the injury or death of such employe.
History:
1909, Act 104, Eff. Sept. 1, 1909 ;-- CL 1915, 5497 ;-- CL 1929, 8630 ;-- CL 1948, 419.52
2023 Michigan Compiled Laws › Chapter 419 - Miscellaneous Labor Laws › Act 104 of 1909 - Liability of Railroads to Employees (419.51 - 419.57) › Section 419.53 - Railroad Company; Definition.

419.53 Railroad company; definition.
Sec. 3.
The words "railroad company," as used in this act, shall be taken to embrace any company, association, corporation, or person managing, maintaining, operating, or in possession of a common carrier railroad in whole or in part within this state, whether as owner, contractor, lessee, mortgagee, trustee, assignee or receiver.
History:
1909, Act 104, Eff. Sept. 1, 1909 ;-- CL 1915, 5498 ;-- CL 1929, 8631 ;-- CL 1948, 419.53