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Michigan Statutes, Title 418

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Michigan/Statutes

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Title 418, WORKER'S DISABILITY COMPENSATION

4 chapters · 147 sections in this title.

All chapters in Title 418147 Ch 317-of-1969, WORKER'S DISABILITY COMPENSATION ACT…144 Ch E.R.O. No. 1986-3, EXECUTIVE REORGANIZATION ORDER1 Ch E.R.O. No. 1990-1, EXECUTIVE REORGANIZATION ORDER1 Ch E.R.O. No. 1999-3, EXECUTIVE REORGANIZATION ORDER1

144 sections·Filtered byTitle 418✕Ch 317-of-1969✕

Mich. Comp. Laws § 418.360 Professional athlete; weekly benefits; condition; benefits under other provisions; exemptions.
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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…
Mich. Comp. Laws § 418.361 Effect of imprisonment or commission of crime; scheduled disabilities; meaning of total and permanent disability; limitations; payment for loss of second member.
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Sec. 361. (1) An employer is not liable for compensation under section 301(7) or (8), 351, 371(1), or 401(5) or (6) for periods of time that the employee is unable to obtain or perform work because of imprisonment or commission of a crime. (2) In cases included in the following s…
Mich. Comp. Laws § 418.371 Weekly loss in wages; average weekly wage.
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Sec. 371. (1) The weekly loss in wages referred to in this act shall consist of the percentage of the average weekly earnings of the injured employee computed according to this section as fairly represents the proportionate extent of the impairment of the employee's earning capac…
Mich. Comp. Laws § 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.

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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, rehabil…

Mich. Comp. Laws § 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.

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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 wa…

Mich. Comp. Laws § 418.375 Death of injured employee; death benefits in lieu of further disability indemnity.

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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 o…

Mich. Comp. Laws § 418.381 Claim for compensation; time limit; extension of time period; payment for nursing or attendant care; compliance.

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Sec. 381. (1) A proceeding for compensation for an injury under this act shall not be maintained unless a claim for compensation for the injury, which claim may be either oral or in writing, has been made to the employer or a written claim has been made to the agency either elect…

Mich. Comp. Laws § 418.383 Notice of injury; unintentional errors; actual knowledge.

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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…

Mich. Comp. Laws § 418.385 Physical examination of employee; payment; report; copy; evidence; failure of party to provide medical report.

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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 authoriz…

Mich. Comp. Laws § 418.391 Compensation supplement fund; creation; administration; appropriation; rules; payments; personnel; recommendations; carrying forward unexpended funds; reduction of appropriation; report; reimbursement of insurers, self-insurers, second injury fund, self-insurers' security fund, or private employer group self-insurers security fund; application.

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Sec. 391. (1) The compensation supplement fund is created as a separate fund in the state treasury. The fund shall be administered by the state treasurer pursuant to this section. The legislature shall appropriate to the compensation supplement fund from the general fund the amou…

Mich. Comp. Laws § 418.401 Definitions; determination of entitlement to weekly wage lost benefits; notice of employee refusing offer of employment; termination of benefits; “reasonable employment” defined; personal injuries or work related diseases to which section applicable.

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Sec. 401. (1) As used in this chapter, "disability" means a limitation of an employee's wage earning capacity in work suitable to his or her qualifications and training resulting from a personal injury or work related disease. A limitation of wage earning capacity occurs only if …

Mich. Comp. Laws § 418.405 Fire or police department members, county sheriff and deputies, state police, conservation officer, motor carrier officer, forest fire officer, and fire/crash rescue officer; "personal injury" as including respiratory and heart diseases or resulting illnesses; presumption; claim against Christopher R. Slezak first responder presumed coverage fund for certain cancers; suspension of claim against employer; application for pension benefits as condition precedent; determination denying pension benefits; medical expenses not provided by pension program; first responder presumed coverage fund; creation; duties of state treasurer; director as administrator; notice to legislature of insufficient funds; operation and management of fund; report; rights.

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Sec. 405. (1) For a member of a fully paid fire department of an airport operated by a county, public airport authority, or state university or college; a member of a fully paid fire or police department of a city, township, or village employed and compensated upon a full-time ba…

Mich. Comp. Laws § 418.411 Disablement treated as personal injury.

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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 w…

Mich. Comp. Laws § 418.415 Death or disablement compensation.

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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 b…

Mich. Comp. Laws § 418.425 Date of disablement.

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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.

Mich. Comp. Laws § 418.431 Employer's liability; conditions exempting and limiting.

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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 previo…

Mich. Comp. Laws § 418.435 Employer from whom total compensation recoverable; effect of dispute or controversy.

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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 …

Mich. Comp. Laws § 418.441 Claim for occupational disease and death resulting from occupational disease; requirements; commencement; time limit.

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Sec. 441. (1) The requirements of claim for occupational disease and death resulting from an occupational disease and the requirements as to the bringing of proceedings for compensation for disability or death resulting from the occupational disease are the same as required in ch…

Mich. Comp. Laws § 418.501 Self-insurers' security fund and second injury fund; silicosis, dust disease, and logging industry compensation fund; uninsured employer's security fund; private employer group self-insurers security fund; definitions.

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Sec. 501. (1) A self-insurers' security fund and a second injury fund are created. (2) A silicosis, dust disease, and logging industry compensation fund is created. (3) An uninsured employer's security fund is created. The fund shall succeed to all of the assets, if any, of the f…

Mich. Comp. Laws § 418.501a Liability of self-insurer's security fund; termination on January 1, 2020; responsibility of PEGSISF on and after January 1, 2020; assessment.

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Sec. 501a. (1) The liability of the self-insurers' security fund under this act for any payment of claims made against a self-insured member of a private employer group self-insurer terminates on January 1, 2020. The PEGSISF is responsible for payment of eligible claims made agai…

Mich. Comp. Laws § 418.501b Assessments.

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Sec. 501b. If the director determines that there is a reasonable likelihood that the remedies available under R 408.43s of the Michigan administrative code will be insufficient to meet the obligations of the trust, the director may assess private employer group self-insurers to t…

Mich. Comp. Laws § 418.502 “Insolvent private self-insured employer” defined.

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Sec. 502. For the purposes of this act, an insolvent private self-insured employer means either an employer who files for relief under the bankruptcy act or an employer against whom bankruptcy proceedings are filed or an employer for whom a receiver is appointed in a court of thi…

Mich. Comp. Laws § 418.511 Board of trustees; appointment, term, expenses.

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Sec. 511. The funds shall be managed by a board of 3 trustees, 1 of whom shall be the director, the remaining 2 of whom shall be appointed by the governor with the advice and consent of the senate and so selected by the governor that 1 trustee will represent the insurance industr…

Mich. Comp. Laws § 418.515 Board of trustees; powers and duties; funds administrator; office space; clerical assistance; expenses; legal advice and representation.

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Sec. 515. (1) The trustees shall have general authority to carry out the purposes of this chapter, shall make such rules as they consider necessary, shall maintain records and institute systems and procedures or take any other administrative action as they consider necessary to c…

Mich. Comp. Laws § 418.521 Second injury fund; payments reimbursable.

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Sec. 521. (1) If an employee has a permanent disability in the form of the loss of a hand, arm, foot, leg or eye and subsequently has an injury arising out of and in the course of his employment which results in another permanent disability in the form of the loss of a hand, arm,…

Mich. Comp. Laws § 418.531 Disability or death from silicosis, dust disease, employment in logging industry, or exposure to polybrominated biphenyl; reimbursement of carrier; limitation; right of funds to commence action and obtain recovery.

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Sec. 531. (1) In each case in which a carrier including a self-insurer has paid, or causes to be paid, compensation for disability or death from silicosis or other dust disease, or for disability or death arising out of and in the course of employment in the logging industry, to …

Mich. Comp. Laws § 418.535 Disability caused by combination of causes; apportionment; reimbursement of employer.

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Sec. 535. If an employee's disability is caused by a combination of silicosis or other dust disease, or arose in the course of employment in the logging industry, and other compensable causes, a worker's compensation magistrate shall apportion the amount of disability between tha…

Mich. Comp. Laws § 418.537 Payments from self-insurers' security fund.

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Sec. 537. (1) The trustees may authorize payments from the self-insurers' security fund upon request to the fund's administrator by a disabled employee or a dependent of the disabled employee as described in section 331 who is receiving or is entitled to receive worker's compensa…

Mich. Comp. Laws § 418.538 Claims authorized under MCL 418.501a; payment.

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Sec. 538. The trustees may authorize payments from the private employer group self-insurers security fund for claims authorized under section 501a. A claim may be made against the PEGSISF by request through the funds administrator or by filing a petition for hearing with the agen…

Mich. Comp. Laws § 418.541 Payments from funds; notice of claim for reimbursement; agreements; rights of fund as employer or carrier.

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Sec. 541. (1) All payments from the funds shall be determined by the trustees and made upon an order signed by a trustee. If a dispute arises between the trustees and a carrier as to any determination by the trustees or the obligation of any carrier to make payments on behalf of …

Mich. Comp. Laws § 418.545 Compromising liability of silicosis, dust disease, and logging industry compensation fund; redemption of liability.

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Sec. 545. The trustees may compromise the liability of the silicosis, dust disease, and logging industry compensation fund by entering into a redemption of liability directly with the employee if, in the judgment of the trustees, it is in the employee's best interest to do so. Re…

Mich. Comp. Laws § 418.551 Assessments; notice; payment; assessments as elements of loss in establishing rates; continuation of liability; certification of receipts; delinquencies; disposition of money; investments; disposition of earnings; reports and accounting; annual financial report; report regarding self-insurers' security fund's management of claims; exclusion of personally identifiable information.

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Sec. 551. (1) As soon as practicable after January 1 of each year, the director shall assess pursuant to subsection (3) a sum that in total is equal to 175% of the total disbursements made from the second injury fund during the preceding calendar year, less the amount of net asse…

Mich. Comp. Laws § 418.552 Insufficiency of funds; borrowing; repayment; restriction; special assessment.

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Sec. 552. (1) If, before the end of any calendar year, the annual assessments, after having been substantially collected, have not provided funds sufficient to either the second injury fund or the silicosis, dust disease, and logging industry compensation fund to meet the known o…

Mich. Comp. Laws § 418.552b Silicosis, dust disease, and logging industry compensation fund; review; report.

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Sec. 552b. The silicosis, dust disease, and logging industry compensation fund created in section 501 shall be reviewed by the department of labor and reported upon to the legislature not later than January 1, 1985.

Mich. Comp. Laws § 418.553 Self-insurers' security fund or private employer group self-insurers security fund; subrogation.

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Sec. 553. The self-insurers' security fund or the private employer group self-insurers security fund, after paying an injured employee, shall have all the rights of the injured employee as a creditor of the insolvent employer to the extent of benefits it paid. The trustees of the…

Mich. Comp. Laws § 418.555 Reimbursement provisions; delinquent carriers.

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Sec. 555. The reimbursement provisions of this chapter are not available to any carrier currently delinquent in paying any assessment authorized in this chapter.

Mich. Comp. Laws § 418.561 Application for self-insurance; agreement as to insolvency.

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Sec. 561. The application for self-insurance by a private employer shall contain an agreement that in case of insolvency the employer shall make its records available to an agent of the self-insurers' security fund or the private employer group self-insurers security fund, as app…

Mich. Comp. Laws § 418.601 Definitions.

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Sec. 601. Whenever used in this act: (a) "Insurer" means an organization that transacts the business of worker's compensation insurance within this state. (b) "Self-insurer" means either of the following: (i) An individual employer authorized to carry its own risk. (ii) A group o…

Mich. Comp. Laws § 418.611 Methods of securing payment of compensation; agreement among employers to pool liabilities; qualification as self-insurers; security; "public employer" defined; employer's liability insurance; employers in same industry; determination; nonpublic health care facility employer as member of self-insurers' group; denial or termination of self-insured status; appeal; review; application to service self-insurance program.

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Sec. 611. (1) Each employer under this act, subject to the approval of the director, shall secure the payment of compensation under this act by either of the following methods: (a) By receiving authorization from the director to be a self-insurer. In the case of an individual emp…

Mich. Comp. Laws § 418.613 Misclassification of services; penalties or interest.

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Sec. 613. If the agency determines that services are covered employment under section 161(1)(n) and the agency received the request on or after the effective date of the amendatory act that added this subsection and before January 1, 2013, the employer shall not be subject to pen…

Mich. Comp. Laws § 418.615 Report by employer not self-insurer; failure to file.

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Sec. 615. Upon written request of the director, every employer who has not been exempted by the director from insuring his compensation risk shall report to him in writing the number of employees, the nature of their work, the name of the insurer with whom he has insured his liab…

Mich. Comp. Laws § 418.621 Insurance contracts subject to act; separate policy for certain employees; construction site; required provisions; form; applicability of section to State Accident Fund.

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Sec. 621. (1) Every contract for the insurance of the compensation provided in this act for or against liability therefore, shall be subject to the provisions of this act and provisions inconsistent with this act are void. (2) The state accident fund and each insurer issuing an i…

Mich. Comp. Laws § 418.625 Insurance policy's notice of issuance; contents; refusal to accept coverage.

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Sec. 625. Each insurer mentioned in section 611 issuing an insurance policy covering worker's compensation in this state shall file with the director, within 30 days after the effective date of the policy, a notice of the issuance of the policy and its effective date. A notice of…

Mich. Comp. Laws § 418.631 Claim payments; filing reports.

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Sec. 631. (1) If any insurer licensed to transact the business of workmen's compensation insurance within this state repeatedly or unreasonably fails to pay promptly claims for compensation for which it shall become liable or if it repeatedly fails to make reports to the director…

Mich. Comp. Laws § 418.641 Noncompliance as misdemeanor; penalty; separate offenses; damages for violation of MCL 418.171 or MCL 418.611; recovery from uninsured employer; disposition of fines; director as party; injuries to which subsections (3), (4), and (5) applicable.

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Sec. 641. (1) An employer who fails to comply with the provisions of section 611 is guilty of a misdemeanor and may be fined not more than $1,000.00, or imprisoned for not more than 6 months, or both. Each day's failure is a separate offense. An individual employee of an employer…

Mich. Comp. Laws § 418.645 Complaint; order to show cause; injunction; civil fine; limitation; collection and payment.

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Sec. 645. (1) The director may file a complaint in the circuit court for the county in which the employer is located, or in the circuit court for Ingham county, requesting the relief permitted by this section against an employer that has failed, at any time within the immediately…

Mich. Comp. Laws § 418.647 Failure of employer to comply with MCL 418.611; liability of employer as corporation, limited liability company, or limited liability partnership.

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Sec. 647. (1) If compensation is awarded under this act against any employer who at the time of the injury has not complied with section 611, the employer shall not be entitled as to any judgment entered upon the award, to any of the exemptions of property from seizure and sale o…

Mich. Comp. Laws § 418.651 Existing contracts unaffected; rights and liabilities.

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Sec. 651. Nothing in this act shall affect any existing contract for employers' liability insurance or affect the organization of any mutual or other insurance company or any arrangement now existing between employers and employees, providing for the payment to the employees, the…

Mich. Comp. Laws § 418.655 Relief from liability.

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Sec. 655. Any employer against whom liability may exist for compensation under this act, with the approval of the director, may be relieved therefrom by: (a) Depositing the present value of the total unpaid compensation for which such liability exists, assuming interest at 3% per…

Mich. Comp. Laws § 418.657 Public employers; operating expense; tax levy.

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Sec. 657. Incorporated public boards and commissions shall treat the cost of benefits payable pursuant to the provisions of this act or the cost of insuring their liability for such benefits as part of their necessary operating expense and such sums shall be separately budgeted i…