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) › 317-1969-2 - Chapter 2 Administration (418.201...418.274) › Section 418.235 - Conducting Business at Public Meeting; Notice of Meeting; Availability of Writings to Public.

418.235 Conducting business at public meeting; notice of meeting; availability of writings to public.
Sec. 235.
(1) The business which the board of trustees under chapter 5 may perform shall be conducted at a public meeting of the board of trustees under chapter 5 held in compliance with Act No. 267 of the Public Acts of 1976, as amended, being sections 15.261 to 15.275 of the Michigan Compiled Laws. Public notice of the time, date, and place of the meeting shall be given in the manner required by Act No. 267 of the Public Acts of 1976, as amended.
(2) A writing prepared, owned, used, in the possession of, or retained by the bureau, the board, or the board of trustees under chapter 5 in the performance of an official function shall be made available to the public in compliance with Act No. 442 of the Public Acts of 1976, as amended, being sections 15.231 to 15.246 of the Michigan Compiled Laws.
History:
Add. 1980, Act 144, Imd. Eff. June 2, 1980
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Act of 1969 (418.101 - 418.941) › 317-1969-2 - Chapter 2 Administration (418.201...418.274) › Section 418.251 - Repealed. 1989, Act 115, Eff. July 1, 1989.

418.251 Repealed. 1989, Act 115, Eff. July 1, 1989.
Compiler's Notes:
The repealed section pertained to creation and composition of worker's compensation appeal board.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Act of 1969 (418.101 - 418.941) › 317-1969-2 - Chapter 2 Administration (418.201...418.274) › Section 418.252 - Repealed. 1989, Act 115, Eff. June 30, 1991.

418.252 Repealed. 1989, Act 115, Eff. June 30, 1991.
Compiler's Notes:
The repealed section pertained to powers and duties of worker's compensation appeal board.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) › 317-1969-2 - Chapter 2 Administration (418.201...418.274) › Section 418.253, 418.255 - Repealed. 1989, Act 117, Eff. Mar. 30, 1992.

418.253, 418.255 Repealed. 1989, Act 117, Eff. Mar. 30, 1992.
Compiler's Notes:
The repealed sections pertained to worker's compensation appeal board, and to powers and duties of worker's compensation appeal 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) › 317-1969-2 - Chapter 2 Administration (418.201...418.274) › Section 418.261 - Repealed. 1989, Act 115, Eff. June 30, 1991.

418.261 Repealed. 1989, Act 115, Eff. June 30, 1991.
Compiler's Notes:
The repealed section pertained to employment of chief administrative officer, powers and duties of chairperson, rules, and disposition of matters pending on review.
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) › 317-1969-2 - Chapter 2 Administration (418.201...418.274) › Section 418.265 - Repealed. 1989, Act 117, Eff. Mar. 30, 1992.

418.265 Repealed. 1989, Act 117, Eff. Mar. 30, 1992.
Compiler's Notes:
The repealed section pertained to salaries, expenses, and office hours of worker's compensation appeal 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) › 317-1969-2 - Chapter 2 Administration (418.201...418.274) › Section 418.266 - Repealed. 1994, Act 271, Imd. Eff. July 11, 1994.

418.266 Repealed. 1994, Act 271, Imd. Eff. July 11, 1994.
Compiler's Notes:
The repealed section pertained to repeal of MCL 418.251, 418.252, and 418.261, and remand and review of cases.
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) › 317-1969-3 - Chapter 3 Compensation (418.301...418.391) › Section 418.302 - "Wage Earning Capacity" Defined.

418.302 "Wage earning capacity" defined.
Sec. 302.
As used in chapters 3 and 4, "wage earning capacity" means the wages the employee earns or is capable of earning at a job reasonably available to that employee if the employee is a member of a full-paid fire department of an airport run by a county road commission in counties of 1,000,000 population or more or by a state university or college or of a full-paid fire or police department of a city, township, or incorporated village employed and compensated upon a full-time basis, a county sheriff or the deputy of the county sheriff, a member of the state police, a conservation officer, a motor carrier inspector of the Michigan public service commission, or any employee of any authority, district, board, or any other entity created in whole or in part by the authorization of 1 or more cities, counties, villages, or townships, whether created by statute, ordinance, contract, resolution, delegation, or any other mechanism, who is engaged as a police officer, or in firefighting or subject to the hazards thereof. For the purposes of establishing a limitation of wage earning capacity, an employee has an affirmative duty to seek work reasonably available to that employee, taking into consideration the limitations from the work-related injury or disease. A magistrate may consider good-faith job search efforts to determine whether jobs are reasonably available.
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."
Popular Name:
Act 317
Popular Name:
Heart and Lung Act
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) › 317-1969-3 - Chapter 3 Compensation (418.301...418.391) › Section 418.305 - Wilful Misconduct of Employee.

418.305 Wilful misconduct of employee.
Sec. 305.
If the employee is injured by reason of his intentional and wilful misconduct, he shall not receive compensation under the provisions of this act.
History:
1969, Act 317, Eff. Dec. 31, 1969
Popular Name:
Act 317
Popular Name:
Heart and Lung Act
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) › 317-1969-3 - Chapter 3 Compensation (418.301...418.391) › Section 418.311 - Compensation Payments; Computations.

418.311 Compensation payments; computations.
Sec. 311.
No compensation shall be paid under this act for any injury which does not incapacitate the employee from earning full wages, for a period of at least 1 week, but if incapacity extends beyond the period of 1 week, compensation shall begin on the eighth day after the injury. If incapacity continues for 2 weeks or longer or if death results from the injury, compensation shall be computed from the date of the injury.
History:
1969, Act 317, Eff. Dec. 31, 1969
Popular Name:
Act 317
Popular Name:
Heart and Lung Act
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) › 317-1969-3 - Chapter 3 Compensation (418.301...418.391) › Section 418.313 - “After-Tax Average Weekly Wage” Defined; Tables.

418.313 “After-tax average weekly wage” defined; tables.
Sec. 313.
(1) As used in this act, "after-tax average weekly wage" means average weekly wage as defined in section 371 reduced by the prorated weekly amount which would have been paid under the federal insurance contributions act, 26 U.S.C. 3101 to 3126, state income tax and federal income tax, calculated on an annual basis using as the number of exemptions the disabled employee's dependents plus the employee, and without excess itemized deductions. Effective January 1, 1982, and each January 1 thereafter, the applicable federal and state laws in effect on the preceding July 1 shall be used in determining the after-tax weekly wage.
(2) Each December 1 the director shall publish tables of the average weekly wage and 80% of after-tax average weekly wage that are to be in effect on the following January 1. These tables shall be conclusive for the purpose of converting an average weekly wage into 80% of after-tax average weekly wage.
History:
Add. 1980, Act 357, Eff. Jan. 1, 1982 ;-- Am. 1982, Act 32, Imd. Eff. Mar. 10, 1982
Popular Name:
Act 317
Popular Name:
Heart and Lung Act
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) › 317-1969-3 - Chapter 3 Compensation (418.301...418.391) › Section 418.315a - Medical Marihuana Treatment; Reimbursement by Employer Not Required.

418.315a Medical marihuana treatment; reimbursement by employer not required.
Sec. 315a.
Notwithstanding the requirements in section 315, an employer is not required to reimburse or cause to be reimbursed charges for medical marihuana treatment.
History:
Add. 2012, Act 481, Imd. Eff. Dec. 28, 2012
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) › 317-1969-3 - Chapter 3 Compensation (418.301...418.391) › Section 418.321 - Compensation for Death Resulting From Personal Injury.

418.321 Compensation for death resulting from personal injury.
Sec. 321.
If death results from the personal injury of an employee, the employer shall pay, or cause to be paid, subject to section 375, in 1 of the methods provided in this section, to the dependents of the employee who were wholly dependent upon the employee's earnings for support at the time of the injury, a weekly payment equal to 80% of the employee's after-tax average weekly wage, subject to the maximum and minimum rates of compensation under this act, for a period of 500 weeks from the date of death. If at the expiration of the 500-week period any such wholly or partially dependent person is less than 21 years of age, a worker's compensation magistrate may order the employer to continue to pay the weekly compensation or some portion thereof until the wholly or partially dependent person reaches the age of 21. If the employee leaves dependents only partially dependent upon his or her earnings for support at the time of injury, the weekly compensation to be paid shall be equal to the same proportion of the weekly payments for the benefit of persons wholly dependent as 80% of the amount contributed by the employee to the partial dependents bears to the annual earnings of the deceased at the time of injury.
History:
1969, Act 317, Eff. Dec. 31, 1969 ;-- Am. 1980, Act 357, Eff. Jan. 1, 1982 ;-- Am. 1985, Act 103, Imd. Eff. July 30, 1985 ;-- Am. 1994, Act 271, Imd. Eff. July 11, 1994
Compiler's Notes:
For legislative intent as to severability, see Compiler's note to MCL 418.213.
Popular Name:
Act 317
Popular Name:
Heart and Lung Act
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) › 317-1969-3 - Chapter 3 Compensation (418.301...418.391) › Section 418.335 - Cessation of Payments Upon Remarriage of Dependent Wife or Upon Dependent Person Reaching Certain Age; Reinstatement of Dependency; Persons to Whom Section Applicable.

418.335 Cessation of payments upon remarriage of dependent wife or upon dependent person reaching certain age; reinstatement of dependency; persons to whom section applicable.
Sec. 335.
(1) Upon the remarriage of a dependent wife receiving compensation, such payments shall cease upon the payment to her of the balance of the compensation to which she would otherwise have been entitled but not to exceed the sum of $500.00, and further compensation, if any, shall be payable to the person either wholly or partially dependent upon deceased for support at his death as provided in section 331(b). A worker's compensation magistrate shall determine the amount of compensation or portion thereof that shall be payable weekly to such wholly or partially dependent person for the remaining weeks of compensation. Where, at the expiration of the 500-week period, any such wholly or partially dependent person is less than 18 years of age, a worker's compensation magistrate may order the employer to continue to pay the weekly compensation, or some portion thereof, until such wholly or partially dependent person reaches the age of 18. The payment of compensation to any dependent child shall cease when the child reaches the age of 18 years, if at the age of 18 years he or she is neither physically nor mentally incapacitated from earning, or when the child reaches the age of 16 years and thereafter is self-supporting for 6 months. If the child ceases to be self-supporting thereafter, the dependency shall be reinstated. Such remaining compensation, if any, shall be payable to the person either wholly or partially dependent upon the deceased employee for support at the time of the employee's death, as provided in the case of the remarriage of a dependent wife.
(2) This section shall apply to all persons who are entitled to receive compensation or are receiving compensation under this act on July 30, 1985 and who have not attained the age of 18 years on July 30, 1985.
History:
1969, Act 317, Eff. Dec. 31, 1969 ;-- Am. 1985, Act 103, Imd. Eff. July 30, 1985 ;-- Am. 1994, Act 271, Imd. Eff. July 11, 1994
Compiler's Notes:
For legislative intent as to severability, see Compiler's note to MCL 418.213.
Popular Name:
Act 317
Popular Name:
Heart and Lung Act
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) › 317-1969-3 - Chapter 3 Compensation (418.301...418.391) › Section 418.341 - Dependents; Qualifications; Party in Interest.

418.341 Dependents; qualifications; party in interest.
Sec. 341.
Questions as to who constitutes dependents and the extent of their dependency shall be determined as of the date of the injury to the employee, and their right to any death benefit shall become fixed as of such time, irrespective of any subsequent change in conditions except as otherwise specifically provided in sections 321, 331 and 335. The death benefit shall be directly recoverable by and payable to the dependents entitled thereto, or their legal guardians or trustees. In case of the death of a dependent, his proportion of the compensation shall be payable to the surviving dependents pro rata. Upon the death of all dependents compensation shall cease. No person shall be excluded as a dependent who is a nonresident alien. No dependent of an injured employee shall be deemed, during the life of such employee, a party in interest to any proceeding by him for the enforcement of collection of any claim for compensation, nor as respects the compromise thereof by such employee.
History:
1969, Act 317, Eff. Dec. 31, 1969
Popular Name:
Act 317
Popular Name:
Heart and Lung Act
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) › 317-1969-3 - Chapter 3 Compensation (418.301...418.391) › Section 418.345 - Death Resulting From Injury; Expense of Last Sickness, Funeral, and Burial; Payment by Employer; Limitation; Application; Order.

418.345 Death resulting from injury; expense of last sickness, funeral, and burial; payment by employer; limitation; application; order.
Sec. 345.
If death results from the injury, the employer shall pay, or cause to be paid, the reasonable expense of the employee's last sickness, funeral, and burial. The cost of the funeral and burial shall not exceed $6,000.00 or the actual cost, whichever is less. Any person who performed such service or incurred such liability may file an application with the bureau. A worker's compensation magistrate may order the employer to pay such sums.
History:
1969, Act 317, Eff. Dec. 31, 1969 ;-- Am. 1971, Act 187, Imd. Eff. Dec. 20, 1971 ;-- Am. 1985, Act 103, Imd. Eff. July 30, 1985 ;-- Am. 1994, Act 271, Imd. Eff. July 11, 1994 ;-- Am. 1996, Act 107, Imd. Eff. Mar. 5, 1996
Compiler's Notes:
For legislative intent as to severability, see Compiler's note to MCL 418.213.
Popular Name:
Act 317
Popular Name:
Heart and Lung Act
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) › 317-1969-3 - Chapter 3 Compensation (418.301...418.391) › Section 418.351 - Total Incapacity for Work; Amount and Duration of Compensation; Limitation on Conclusive Presumption of Total and Permanent Disability; Determining Question of Permanent and Total Disability.

418.351 Total incapacity for work; amount and duration of compensation; limitation on conclusive presumption of total and permanent disability; determining question of permanent and total disability.
Sec. 351.
(1) While the incapacity for work resulting from a personal injury is total, the employer shall pay, or cause to be paid as provided in this section, to the injured employee, a weekly compensation of 80% of the employee's after-tax average weekly wage, but not more than the maximum weekly rate of compensation, as determined under section 355. Compensation shall be paid for the duration of the disability. The conclusive presumption of total and permanent disability shall not extend beyond 800 weeks from the date of injury and thereafter the question of permanent and total disability shall be determined in accordance with the fact, as the fact may be at that time.
(2) A totally and permanently disabled employee whose date of injury preceded July 1, 1968, is entitled to the compensation under this act that was payable to the employee immediately before the effective date of this subsection, or compensation equal to 50% of the state average weekly wage as last determined under section 355, whichever is greater.
(3) If an employee who is eligible for weekly benefits under this act would have received greater weekly benefits under the prior benefit standard of 2/3 of average weekly wages, subject to the maximum benefits which were in effect before January 1, 1982, then the employee shall be entitled to such greater weekly benefits, but not at a rate exceeding the maximum rate in his or her dependency classification under such law. This subsection does not authorize payment to an employee according to any schedule of minimum benefits, except those provided in section 356.
History:
1969, Act 317, Eff. Dec. 31, 1969 ;-- Am. 1976, Act 393, Imd. Eff. Jan. 3, 1977 ;-- Am. 1980, Act 357, Eff. Jan. 1, 1982
Popular Name:
Act 317
Popular Name:
Heart and Lung Act
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) › 317-1969-3 - Chapter 3 Compensation (418.301...418.391) › Section 418.353 - Determination of Dependency.

418.353 Determination of dependency.
Sec. 353.
(1) For the purposes of sections 351 to 361, dependency shall be determined as follows:
(a) A child under the age of 16 years, or 16 years or over if physically or mentally incapacitated from earning, living with his parent at the time of the injury of that parent.
(b) In all other cases questions of dependency shall be determined in accordance with the facts at the time of the injury, except as provided in subsection (3). A person shall not be considered a dependent unless he or she is a member of the family of the injured employee, or unless the person bears to the injured employee the relation of husband or wife, or lineal descendent, or ancestor or brother or sister. Except as to a person conclusively presumed to be a dependent, a person who receives less than 1/2 of his or her support from an injured employee shall not be considered to be a dependent.
(2) Weekly payments to an injured employee shall be reduced by the additional amount provided for any dependent child or spouse or other dependent when the child either reaches the age of 18 years or after becoming 16 ceases for a period of 6 months to receive more than 1/2 of his or her support from the injured employee, if at that time the child is neither physically nor mentally incapacitated from earning; when the spouse is divorced by final decree from his or her injured spouse; or when the child, spouse, or other dependent is deceased.
(3) An increase in payments shall be made for increased numbers of conclusive dependents as defined in this act who were not dependent at the time of the injury of an employee.
History:
1969, Act 317, Eff. Dec. 31, 1969 ;-- Am. 1971, Act 215, Imd. Eff. Dec. 30, 1971 ;-- Am. 2011, Act 266, Imd. Eff. Dec. 19, 2011
Constitutionality:
The gender-based conclusive presumption of the workers' compensation act is violative of the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution; the doctrine of res judicata did not preclude a redetermination of dependency of the wife of an injured worker. Pike v City of Wyoming, 431 Mich 589; 433 NW2d 768 (1988).
Compiler's Notes:
Enacting section 2 of Act 266 of 2011 provides:"Enacting section 2. This amendatory act applies to injuries incurred on or after its effective date."
Popular Name:
Act 317
Popular Name:
Heart and Lung Act
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) › 317-1969-3 - Chapter 3 Compensation (418.301...418.391) › Section 418.355 - Adjustment of Maximum Weekly Rate; Computing Supplemental Benefit.

418.355 Adjustment of maximum weekly rate; computing supplemental benefit.
Sec. 355.
(1) The maximum weekly rate shall be adjusted once each year in accordance with the increase or decrease in the average weekly wage in covered employment, as determined by the Michigan employment security commission.
(2) Effective January 1, 1982, and each January 1 thereafter, the maximum weekly rate of compensation for injuries occurring within that year shall be established as 90% of the state average weekly wage as of the prior June 30, adjusted to the next higher multiple of $1.00.
(3) For the purpose of computing the supplemental benefit under section 352, the state average weekly wage for any injury year shall be the average weekly wage in covered employment determined by the Michigan employment security commission for the 12 months ending June 30 of the preceding year.
History:
1969, Act 317, Eff. Dec. 31, 1969 ;-- Am. 1980, Act 357, Eff. Jan. 1, 1982 ;-- Am. 1982, Act 32, Imd. Eff. Mar. 10, 1982
Popular Name:
Act 317
Popular Name:
Heart and Lung Act
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) › 317-1969-3 - Chapter 3 Compensation (418.301...418.391) › Section 418.356 - Increase in Benefits After 2 Years of Continuous Disability; Petition for Hearing; Evidence; Order for Adjustment of Compensation; Payment; Reimbursement From Second Injury Fund; Minimum Weekly Benefit for Death; Minimum Weekly Benefit for 1 or More Losses; Total Disability; Exception.

418.356 Increase in benefits after 2 years of continuous disability; petition for hearing; evidence; order for adjustment of compensation; payment; reimbursement from second injury fund; minimum weekly benefit for death; minimum weekly benefit for 1 or more losses; total disability; exception.
Sec. 356.
(1) An injured employee who, at the time of the personal injury, is entitled to a rate of compensation less than 50% of the then applicable state average weekly wage as determined for the year in which the injury occurred pursuant to section 355, may be entitled to an increase in benefits after 2 years of continuous disability. After 2 years of continuous disability, the employee may petition for a hearing at which the employee may present evidence that, by virtue of the employee's age, education, training, experience, or other documented evidence which would fairly reflect the employee's earning capacity, the employee's earnings would have been expected to increase. Upon presentation of this evidence, a worker's compensation magistrate may order an adjustment of the compensation rate up to 50% of the state average weekly wage for the year in which the employee's injury occurred. The adjustment of compensation, if ordered, shall be effective as of the date of the employee's petition for the hearing. The adjustments provided in this subsection shall be paid by the carrier on a weekly basis. However, the carrier, the self-insurers' security fund, and the private employer group self-insurers security fund shall be entitled to reimbursement for these payments from the second injury fund created in section 501. There shall be only 1 adjustment made for an employee under this subsection.
(2) The minimum weekly benefit for death under section 321 shall be 50% of the state average weekly wage as determined under section 355.
(3) The minimum weekly benefit for 1 or more losses stated in section 361(2) and (3) shall be 25% of the state average weekly wage as determined under section 355.
(4) There is no minimum weekly benefit for total disability under section 351.
(5) This section does not apply to an employee entitled to benefits under section 361(1).
History:
Add. 1980, Act 357, Eff. Jan. 1, 1982 ;-- Am. 1982, Act 32, Imd. Eff. Mar. 10, 1982 ;-- Am. 1985, Act 103, Imd. Eff. July 30, 1985 ;-- Am. 1994, Act 271, Imd. Eff. July 11, 1994 ;-- Am. 2014, Act 231, Imd. Eff. June 27, 2014
Compiler's Notes:
For legislative intent as to severability, see Compiler's note to MCL 418.213.
Popular Name:
Act 317
Popular Name:
Heart and Lung Act
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) › 317-1969-3 - Chapter 3 Compensation (418.301...418.391) › Section 418.357 - Employee 65 or Older; Reduction of Weekly Payments; Exception.

418.357 Employee 65 or older; reduction of weekly payments; exception.
Sec. 357.
(1) When an employee who is receiving weekly payments or is entitled to weekly payments reaches or has reached or passed the age of 65, the weekly payments for each year following his or her sixty-fifth birthday shall be reduced by 5% of the weekly payment paid or payable at age 65, but not to less than 50% of the weekly benefit paid or payable at age 65, so that on his or her seventy-fifth birthday the weekly payments shall have been reduced by 50%; after which there shall not be a further reduction for the duration of the employee's life. Weekly payments shall not be reduced below the minimum weekly benefit as provided in this act.
(2) Subsection (1) shall not apply to a person 65 years of age or over otherwise eligible and receiving weekly payments who is not eligible for benefits under the social security act, 42 U.S.C. 301 to 1397f, or to a person whose payments under this act are coordinated under section 354.
History:
1969, Act 317, Eff. Dec. 31, 1969 ;-- Am. 1974, Act 184, Imd. Eff. July 2, 1974 ;-- Am. 1982, Act 32, Imd. Eff. Mar. 10, 1982
Constitutionality:
This section is not unconstitutional as a denial of equal protection of the law. Cruz v Chevrolet Grey Iron Division of General Motors Corporation, 398 Mich 117; 247 NW2d 764 (1976).
Popular Name:
Act 317
Popular Name:
Heart and Lung Act
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) › 317-1969-3 - Chapter 3 Compensation (418.301...418.391) › Section 418.358 - Reduction of Benefits.

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

418.359 Repealed. 1985, Act 103, Imd. Eff. July 10, 1985.
Compiler's Notes:
The repealed section pertained to payments for total disability of employees under 25.
Popular Name:
Act 317
Popular Name:
Heart and Lung Act
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) › 317-1969-3 - Chapter 3 Compensation (418.301...418.391) › Section 418.360 - Professional Athlete; Weekly Benefits; Condition; Benefits Under Other Provisions; Exemptions.

418.360 Professional athlete; weekly benefits; condition; benefits under other provisions; exemptions.
Sec. 360.
(1) A person who suffers an injury arising out of and in the course of employment as a professional athlete is entitled to weekly benefits only when the person's average weekly wages in all employments at the time of application for benefits, and thereafter, as computed in accordance with section 371, are less than 200% of the state average weekly wage. This subsection shall not be construed to prohibit an otherwise eligible person from receiving benefits under section 315, 319, or 361.
(2) A professional athlete who is hired under a contract with an employer outside of this state is exempt from this act if all of the following conditions apply:
(a) The athlete sustains a personal injury arising out of the course of employment while the professional athlete is temporarily within this state.
(b) The employer has obtained worker's compensation insurance coverage under the worker's compensation law of another state that covers the injury in this state.
(c) The other state recognizes the extraterritorial provisions of this act and provides a reciprocal exemption for professional athletes whose injuries arise out of employment while temporarily in that state and are covered by the worker's compensation law of this state.
(3) The benefits and other remedies under the worker's compensation laws of another state are the exclusive remedy against the employer under the conditions in subsection (2). A certificate from the duly authorized officer of another state certifying that the employer is insured in that state and has obtained extraterritorial coverage insuring the employer's professional athletes in this state is prima facie evidence that the employer has obtained insurance meeting the requirements for the exception to coverage under this act under subsection (2).
History:
Add. 1978, Act 373, Imd. Eff. July 27, 1978 ;-- Am. 2011, Act 266, Imd. Eff. Dec. 19, 2011
Compiler's Notes:
Enacting section 2 of Act 266 of 2011 provides:"Enacting section 2. This amendatory act applies to injuries incurred on or after its effective date."
Popular Name:
Act 317
Popular Name:
Heart and Lung Act
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) › 317-1969-3 - Chapter 3 Compensation (418.301...418.391) › Section 418.364 - Repealed. 2011, Act 266, Imd. Eff. Dec. 19, 2011.

418.364 Repealed. 2011, Act 266, Imd. Eff. Dec. 19, 2011.
Compiler's Notes:
The repealed section pertained to biannual study concerning adequacy of weekly benefits.
Popular Name:
Act 317
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) › 317-1969-3 - Chapter 3 Compensation (418.301...418.391) › Section 418.372 - Employee Engaged in More Than 1 Employment at Time of Personal Injury or Personal Injury Resulting in Death; Liability; Apportionment of Weekly Benefits; Exception.

418.372 Employee engaged in more than 1 employment at time of personal injury or personal injury resulting in death; liability; apportionment of weekly benefits; exception.
Sec. 372.
(1) If an employee was engaged in more than 1 employment at the time of a personal injury or a personal injury resulting in death, the employer in whose employment the injury or injury resulting in death occurred is liable for all the injured employee's medical, rehabilitation, and burial benefits. Weekly benefits shall be apportioned as follows:
(a) If the employment which caused the personal injury or death provided more than 80% of the injured employee's average weekly wages at the time of the personal injury or death, the insurer or self-insurer is liable for all of the weekly benefits.
(b) If the employment which caused the personal injury or death provided 80% or less of the employee's average weekly wage at the time of the personal injury or death, the insurer or self-insurer is liable for that portion of the employee's weekly benefits as bears the same ratio to his or her total weekly benefits as the average weekly wage from the employment which caused the personal injury or death bears to his or her total weekly wages. The second injury fund is separately but dependently liable for the remainder of the weekly benefits. The insurer or self-insurer has the obligation to pay the employee or the employee's dependents at the full rate of compensation. The second injury fund shall reimburse the insurer or self-insurer quarterly for the second injury fund's portion of the benefits due the employee or the employee's dependents.
(2) For purposes of apportionment under this section, only wages that were reported to the internal revenue service shall be considered, and the reports of wages to the internal revenue service are conclusive for the purpose of apportionment under this section.
(3) This section does not apply to individuals entitled to benefits under section 161(1)(d), (e), (f), (g), (h), (i), (j), and (o).
History:
Add. 1980, Act 357, Eff. Jan. 1, 1982 ;-- Am. 2012, Act 83, Imd. Eff. Apr. 11, 2012
Popular Name:
Act 317
Popular Name:
Heart and Lung Act
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) › 317-1969-3 - Chapter 3 Compensation (418.301...418.391) › Section 418.373 - Employee Receiving Nondisability Pension or Retirement Benefits, Including Old-Age Benefits; Presumption; Other Standards of Disability Superseded; Medical Benefits Under MCL 418.315 Not Barred.

418.373 Employee receiving nondisability pension or retirement benefits, including old-age benefits; presumption; other standards of disability superseded; medical benefits under MCL 418.315 not barred.
Sec. 373.
(1) An employee who terminates active employment and is receiving nondisability pension or retirement benefits under either a private or governmental pension or retirement program, including old-age benefits under the social security act, 42 U.S.C. 301 to 1397f, that was paid by or on behalf of an employer from whom weekly benefits under this act are sought shall be presumed not to have a loss of earnings or earning capacity as the result of a compensable injury or disease under either this chapter or chapter 4. This presumption may be rebutted only by a preponderance of the evidence that the employee is unable, because of a work related disability, to perform work suitable to the employee's qualifications, including training or experience. This standard of disability supersedes other applicable standards used to determine disability under either this chapter or chapter 4.
(2) This section shall not be construed as a bar to an employee receiving medical benefits under section 315 upon the establishment of a causal relationship between the employee's work and the need for medical treatment.
History:
Add. 1980, Act 357, Eff. Jan. 1, 1982
Popular Name:
Act 317
Popular Name:
Heart and Lung Act
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) › 317-1969-3 - Chapter 3 Compensation (418.301...418.391) › Section 418.375 - Death of Injured Employee; Death Benefits in Lieu of Further Disability Indemnity.

418.375 Death of injured employee; death benefits in lieu of further disability indemnity.
Sec. 375.
(1) The death of the injured employee before the expiration of the period within which he or she would receive weekly payments shall be considered to end the disability and all liability for the remainder of such payments which he or she would have received in case he or she had lived shall be terminated, but the employer shall thereupon be liable for the following death benefits in lieu of any further disability indemnity.
(2) If the injury received by such employee was the proximate cause of his or her death, and the deceased employee leaves dependents, as hereinbefore specified, wholly or partially dependent on him or her for support, the death benefit shall be a sum sufficient, when added to the indemnity which at the time of death has been paid or becomes payable under the provisions of this act to the deceased employee, to make the total compensation for the injury and death exclusive of medical, surgical, hospital services, medicines, and rehabilitation services, and expenses furnished as provided in sections 315 and 319, equal to the full amount which such dependents would have been entitled to receive under the provisions of section 321, in case the injury had resulted in immediate death. Such benefits shall be payable in the same manner as they would be payable under the provisions of section 321 had the injury resulted in immediate death.
(3) If an application for benefits has been filed but has not been decided by a worker's compensation magistrate, or on appeal and the claimant dies from a cause unrelated to his or her injury, the proceedings shall not abate but may be continued in the name of his or her personal representative. In such case, the benefits payable up to time of death shall be paid to the same beneficiaries and in the same amounts as would have been payable if the employee had suffered a compensable injury resulting in death.
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
Popular Name:
Heart and Lung Act
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) › 317-1969-3 - Chapter 3 Compensation (418.301...418.391) › Section 418.383 - Notice of Injury; Unintentional Errors; Actual Knowledge.

418.383 Notice of injury; unintentional errors; actual knowledge.
Sec. 383.
A notice of injury or a claim for compensation made under the provisions of this act shall not be held invalid or insufficient by reason of any inaccuracy in stating the time, place or cause of the injury, unless it is shown that it was the intention to mislead, and the employer or the carrier, was in fact misled. Want of written notice shall not be a bar to proceedings under this act if it be shown that the employer had notice or knowledge of the injury.
History:
1969, Act 317, Eff. Dec. 31, 1969
Popular Name:
Act 317
Popular Name:
Heart and Lung Act
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) › 317-1969-3 - Chapter 3 Compensation (418.301...418.391) › Section 418.385 - Physical Examination of Employee; Payment; Report; Copy; Evidence; Failure of Party to Provide Medical Report.

418.385 Physical examination of employee; payment; report; copy; evidence; failure of party to provide medical report.
Sec. 385.
After the employee has given notice of injury and from time to time thereafter during the continuance of his or her disability, if so requested by the employer or the carrier, he or she shall submit himself or herself to an examination by a physician or surgeon authorized to practice medicine under the laws of the state, furnished and paid for by the employer or the carrier. If an examination relative to the injury is made, the employee or his or her attorney shall be furnished, within 15 days of a request, a complete and correct copy of the report of every such physical examination relative to the injury performed by the physician making the examination on behalf of the employer or the carrier. The employee shall have the right to have a physician provided and paid for by himself or herself present at the examination. If he or she refuses to submit himself or herself for the examination, or in any way obstructs the same, his or her right to compensation shall be suspended and his or her compensation during the period of suspension may be forfeited. Any physician who makes or is present at any such examination may be required to testify under oath as to the results thereof. If the employee has had other physical examinations relative to the injury but not at the request of the employer or the carrier, he or she shall furnish to the employer or the carrier a complete and correct copy of the report of each such physical examination, if so requested, within 15 days of the request. If a party fails to provide a medical report regarding an examination or medical treatment, that party shall be precluded from taking the medical testimony of that physician only. The opposing party may, however, elect to take the deposition of that physician.
History:
1969, Act 317, Eff. Dec. 31, 1969 ;-- 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
Popular Name:
Heart and Lung Act
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 418.411 - Disablement Treated as Personal Injury.

418.411 Disablement treated as personal injury.
Sec. 411.
The disablement of an employee resulting from such disease or disability shall be treated as the happening of a personal injury within the meaning of this act and the procedure and practice provided in this act shall apply to all proceedings under this chapter, except where specifically otherwise provided herein.
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) › 317-1969-4 - Chapter 4 Occupational Diseases and Disablements (418.401...418.441) › Section 418.415 - Death or Disablement Compensation.

418.415 Death or disablement compensation.
Sec. 415.
If an employee is disabled or dies and his disability or death is caused by a disease and the disease is due to the nature of the employment in which such employee was engaged and was contracted therein, he or his dependents shall be entitled to compensation and other benefits for his death or for his disablement, all as provided in 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) › 317-1969-4 - Chapter 4 Occupational Diseases and Disablements (418.401...418.441) › Section 418.425 - Date of Disablement.

418.425 Date of disablement.
Sec. 425.
For the purposes of this chapter the date of disablement shall be the date the hearing referee or worker's compensation magistrate, as applicable, may determine on hearing of the claim.
History:
1969, Act 317, Eff. Dec. 31, 1969 ;-- 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) › 317-1969-4 - Chapter 4 Occupational Diseases and Disablements (418.401...418.441) › Section 418.431 - Employer's Liability; Conditions Exempting and Limiting.

418.431 Employer's liability; conditions exempting and limiting.
Sec. 431.
No compensation shall be payable for an occupational disease if the employee at the time of entering into the employment of the employer by whom the compensation would otherwise be payable, or thereafter, wilfully and falsely represents in writing that he has not previously suffered from the disease which is the cause of the disability or death. Where an occupational disease is aggravated by any other disease or infirmity, not itself compensable, or where disability or death from any other cause, not itself compensable, is aggravated, prolonged, accelerated or in any way contributed to by an occupational disease, the compensation payable shall be a proportion only of the compensation that would be payable if the occupational disease were the sole cause of the disability or death as such occupational disease, as a causative factor, bearing to all the causes of such disability or death, such reduction in compensation to be effected by reducing the number of weekly payments or the amounts of such payments, as under the circumstances of the particular case may be for the best interest of the claimant or claimants.
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) › 317-1969-4 - Chapter 4 Occupational Diseases and Disablements (418.401...418.441) › Section 418.435 - Employer From Whom Total Compensation Recoverable; Effect of Dispute or Controversy.

418.435 Employer from whom total compensation recoverable; effect of dispute or controversy.
Sec. 435.
The total compensation due shall be recoverable from the employer who last employed the employee in the employment to the nature of which the disease was due and in which it was contracted. If any dispute or controversy arises as to the payment of compensation or as to liability for the compensation, the employee shall make claim upon the last employer only and apply for a hearing against the last employer only.
History:
1969, Act 317, Eff. Dec. 31, 1969 ;-- Am. 1972, Act 337, Imd. Eff. Jan. 4, 1973 ;-- Am. 1980, Act 357, Eff. Jan. 1, 1981
Popular Name:
Act 317