Michigan Administrative Code › Department - Labor and Economic Opportunity › Workers Compensation Agency › Workers' Compensation Agency - General Rules › Part 2 - RECORDS › Section R. 408.32 - Compensation supplement fund; "maximum benefit" defined

Current through Vol. 24-12, July 15, 2024
Rule 2.
(1) A
				  carrier, second injury fund, PEGSISF, or self-insurers' security fund shall
				  claim reimbursement from the compensation supplement fund for payments made in
				  accordance with section 352 of the act, MCL 418.352. A carrier, second injury
				  fund, PEGSISF, or self-insurers' security fund shall make a claim on the form
				  WC
-
114, or its electronic equivalent, application for
				  reimbursement.
(2) A carrier,
				  second injury fund, PEGSISF, or self-insurers' security fund shall make an
				  initial application for reimbursement not later than 3 months after the end of
				  the quarter for which the right to reimbursement first accrues. The right to
				  reimbursement first accrues on the first day of the quarter following any
				  quarter for which supplemental benefits are first paid or ordered to be
				  paid.
(3) A carrier, second injury
				  fund, PEGSISF, or self-insurers' security fund may make subsequent application
				  for reimbursement quarterly, but not later than 1 year after the closing date
				  of the quarter for which reimbursement is being requested.
(4) A carrier, second injury fund, PEGSISF,
				  or self-insurers' security fund shall submit a separate form
				  WC
-
114, or its electronic equivalent, for each quarter for which
				  reimbursement is requested. A quarter, as used in this rule, is based on a
				  calendar year as identified by the agency on an annual basis.
(5) Upon a proper showing of a claim for
				  reimbursement, the compensation supplement fund shall make payment within a
				  reasonable time after the receipt of the claim. The compensation supplement
				  fund shall normally make reimbursement within 3 months after the receipt of
				  form WC
-
114, or its electronic equivalent, unless a dispute
				  arises.
(6) For the purpose of
				  these rules, "maximum benefit" means the statutory maximum for the year of
				  injury upon which benefits are based; 2/3 of the employee's average weekly wage
				  on the date of injury; the minimum compensation rate in effect on the date of
				  injury; or a maximum compensation rate established by agency order. If an
				  employee, or his or her dependents, is receiving maximum benefits as defined in
				  this subrule, there will be a presumption that benefits are being paid under
				  section 351 or 321 of the act, MCL 418.351 and 418.321.
(7) A compensation supplement may not be paid
				  for any of the following received by an eligible employee or dependent:
(a) Benefits received for any period of
				  disability before January 1, 1982.
(b) Benefits received under an agreement to
				  redeem the liability of the carrier.
(c) A lump sum payment for remarriage under
				  section 335 of the act, MCL 418.335.
(d) Interest paid on benefits awarded by a
				  magistrate.
(e) Partial
				  compensation paid under section 361(1) of the act, MCL 418.361.