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Act 317 of 1969
- WORKER'S DISABILITY COMPENSATION ACT OF 1969 (418.101 - 418.941)
317‑1969‑1 ‑ CHAPTER 1 COVERAGE AND LIABILITY (418.101...418.171)
Section 418.115 ‑ Employers covered; private employers; agricultural employers; medical and hospital coverage.
Section 418.119 ‑ Licensed real estate salesperson or associate real estate broker as employee.
Section 418.125 ‑ Consistent discharges to evade act; presumption, penalty.
Section 418.131 ‑ Exclusive remedy; exception; “employee” and “employer” defined.
Section 418.141 ‑ Employee; action for personal injury or death, defenses abolished.
Section 418.161 ‑ “Employee” defined; exclusion from coverage of partner or spouse, child, or parent in employer's family; election by employee to be excluded; notice of election; duration of elected exclusion.
Section 418.171 ‑ Employer contracting with person not subject to act; liability; applicability of section to principal and contractor; willful circumvention of provisions; employer as contractor; reimbursement agreement.
317‑1969‑2 ‑ CHAPTER 2 ADMINISTRATION (418.201...418.274)
Section 418.203 ‑ Director; appointment, term, salary, removal, vacancy, expenses.
Section 418.206 ‑ Position of hearing referee abolished; powers and duties of worker's compensation magistrates; hearings.
Section 418.207 ‑ Introductory and continuing legal education courses in worker's compensation.
Section 418.212 ‑ Evaluating performance of worker's compensation magistrate; frequency; criteria; report; removal; recommendations.
Section 418.213 ‑ Worker's compensation board of magistrates; establishment; appointment, qualifications, and terms of members; vacancy; reappointment; powers and duties of chairperson; duties of members; term of chairperson; salary of members; employment of staff; rules; assignment and reassignment of magistrates; office space.
Section 418.222 ‑ Application for mediation or hearing; forwarding copy to employer and carrier; carrier to file written response; return of incomplete application or written response; medical records; proof of compliance; contents of application or written response; notice of intention to call witnesses; willful noncompliance.
Section 418.230 ‑ Confidential records; exceptions; power of court to subpoena records not limited; definition.
Section 418.235 ‑ Conducting business at public meeting; notice of meeting; availability of writings to public.
Section 418.274 ‑ Michigan compensation appellate commission; power and authority of commission; rules on administrative appellate procedures; assignment and reassignment of matters; decisions; review and decision by entire commission; writing and publication of opinions; office space.
317‑1969‑3 ‑ CHAPTER 3 COMPENSATION (418.301...418.391)
Section 418.301 ‑ Compensation for personal injury or death in course of employment; time or date of injury; compensation for mental disabilities and conditions of aging process; presumption; injury incurred in pursuit of social or recreational activity; definitions; burden of production of evidence; determining entitlement to weekly wage loss benefits; notice to agency; “reasonable employment” defined; payment of benefits to persons incarcerated in penal institution or confined in mental institution; discrimination prohibited; personal injuries and work related diseases to which section applicable.
Section 418.315 ‑ Furnishing medical care for injury arising out of and in course of employment; optometric service; chiropractic service; attendant or nursing care; selection of physician by employee; objection; order; other services and appliances; proration of attorney fees; fees and other charges subject to rules; advisory committee; excessive fees or unjustified treatment, hospitalization, or visits; review of records and medical bills; "utilization review" defined; effect of accepting payment; submitting false or misleading information as misdemeanor; penalty; improper overutilization or inappropriate health care or health services; appeal; criteria or standards; certification; unusual health care or service.
Section 418.315a ‑ Medical marihuana treatment; reimbursement by employer not required.
Section 418.331 ‑ Persons conclusively presumed to be wholly dependent for support upon deceased employee.
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.
Section 418.345 ‑ Death resulting from injury; expense of last sickness, funeral, and burial; payment by employer; limitation; application; order.
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.
Section 418.355 ‑ Adjustment of maximum weekly rate; computing supplemental benefit.
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; no minimum weekly benefit for total disability; exception.
Section 418.357 ‑ Employee 65 or older; reduction of weekly payments; exception.
Section 418.360 ‑ Professional athlete; weekly benefits; condition; benefits under other provisions; exemptions.
Section 418.361 ‑ Effect of imprisonment or commission of crime; scheduled disabilities; meaning of total and permanent disability; limitations; payment for loss of second member.
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.
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.
Section 418.375 ‑ Death of injured employee; death benefits in lieu of further disability indemnity.
Section 418.381 ‑ Claim for compensation; time limit; extension of time period; payment for nursing or attendant care; compliance.
Section 418.383 ‑ Notice of injury; unintentional errors; actual knowledge.
Section 418.385 ‑ Physical examination of employee; payment; report; copy; evidence; failure of party to provide medical report.
Section 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, and self-insurers' security fund; certification; application.
317‑1969‑4 ‑ CHAPTER 4 OCCUPATIONAL DISEASES AND DISABLEMENTS (418.401...418.441)
Section 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.
Section 418.405 ‑ Fire or police department members, county sheriff and deputies, state police, conservation officers, and motor carrier inspectors; “personal injury” as including respiratory and heart diseases or resulting illnesses; arising out of and in the course of employment; application for pension benefits as condition precedent; final determination; copies.
Section 418.435 ‑ Employer from whom total compensation recoverable; effect of dispute or controversy.
Section 418.441 ‑ Claim for occupational disease and death resulting from occupational disease; requirements; commencement; time limit.
Section 418.501 ‑ Self-insurers' security fund, second injury fund; silicosis, dust disease, and logging industry compensation fund; uninsured employer's security fund; creation; “employment in logging industry” defined.
Section 418.515 ‑ Board of trustees; powers and duties; funds administrator; office space; personnel; expenses; legal advice and representation.
Section 418.531 ‑ Disability or death from silicosis, dust disease, employment in logging industry, or exposure to polybrominated biphenyl; reimbursement of carrier; limitation; right of funds to commence action and obtain recovery.
Section 418.535 ‑ Disability caused by combination of causes; apportionment; reimbursement of employer.
Section 418.541 ‑ Payments from funds; notice of claim for reimbursement; agreements.
Section 418.545 ‑ Compromising liability of silicosis, dust disease, and logging industry compensation fund; redemption of liability.
Section 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.
Section 418.552 ‑ Insufficiency of funds; borrowing; repayment; restriction; special assessment.
Section 418.552b ‑ Silicosis, dust disease, and logging industry compensation fund; review; report.
Section 418.561 ‑ Application for self-insurance; agreement as to insolvency.
317‑1969‑6 ‑ CHAPTER 6 SECURITY FOR COMPENSATION (418.601...418.659)
Section 418.611 ‑ Methods of securing payment of compensation; agreement between employers to pool liabilities; purpose; “public employer” defined; security; 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.
Section 418.621 ‑ Insurance contracts subject to act; separate policy for certain employees; construction site; required provisions; form; applicability of section to State Accident Fund.
Section 418.625 ‑ Insurance policy's notice of issuance; contents; refusal to accept coverage.
Section 418.641 ‑ Noncompliance as misdemeanor; penalty; separate offenses; damages for violation of MCL 418.171 or MCL 418.611; recovery from uninsured employer; disposition of fines; director as party; injuries to which subsections (3), (4), and (5) applicable.
Section 418.645 ‑ Complaint; order to show cause; injunction; civil fine; limitation; collection and payment.
Section 418.647 ‑ Failure of employer to comply with MCL 418.611; liability of employer as corporation, limited liability company, or limited liability partnership.
317‑1969‑7 ‑ CHAPTER 7 ACCIDENT FUND (418.700... 418.756)
317‑1969‑8 ‑ CHAPTER 8 PROCEDURE (418.801...418.899)
Section 418.801 ‑ Payment of compensation; time; manner; record; reports; daily charges as elements of loss; failure to notify carrier of disability or death; interest; detection and prevention of fraud, waste, and abuse; recommendations.
Section 418.811 ‑ Compensation; effect of savings, insurance, or other benefits.
Section 418.821 ‑ Assignment, attachment, or garnishment; liability as first lien on property of employer; enforcement of assignment to group disability or hospitalization insurance company, health maintenance organization, or medical care and hospital service corporation; attorney fees; self-insurer as “insurance company”; adjustment; rights of assignment of labor management health and welfare fund.
Section 418.833 ‑ Application for further compensation; overpayment, recoupment.
Section 418.835 ‑ Redemption of liability from personal injury; payment of lump sum; proposed redemption agreement as lump sum application; liability of employer; hearing; notice to employer; waiver; use of fees; applicability to proposed redemption agreements of subsections (2) to (5).
Section 418.835a ‑ Worker's compensation administrative revolving fund; creation; administration and use of fund; carry over.
Section 418.836 ‑ Approval of redemption agreement; findings; factors considered in making determination; employer as party.
Section 418.837 ‑ Approval or rejection of redemption agreements and lump sum applications; review; order; appeal; finality.
Section 418.841 ‑ Disputes or controversies concerning compensation or other benefits; submission to bureau; determination of questions arising under act; director as interested party; referral of claims to small claims division; notice; filing request for removal; hearing; representation; rules of evidence; record; claim exceeding $2,000.00; finality of decision; request for hearing under MCL 418.847.
Section 418.846 ‑ Worker's compensation benefits received under law of another state for same personal injury; credit.
Section 418.847 ‑ Setting case for mediation or hearing; hearing; order; opinion; resolution of case by mediation.
Section 418.851 ‑ Inquiries and investigations; evidence; place of hearing; filing order with bureau; stipulations; modification or correction of errors; order of bureau.
Section 418.852 ‑ Liability of carrier or fund; determination; reimbursement of carrier or fund.
Section 418.853 ‑ Process and procedure; oaths; subpoenas; examination of books and records; contempt; application to circuit court.
Section 418.855 ‑ Statement of injured employee; copy; admissibility as evidence.
Section 418.858 ‑ Cost of hearing; fees of attorneys and physicians; disagreement as to fees; application for hearing; order; review; maximum attorney fees; rules; special order awarding fees; computation of attorney fees; limitation on fees; reduction in fees.
Section 418.859a ‑ Filing claim for review; time; copy of testimony, depositions, and other documents.
Section 418.861a ‑ Hearing and decision; findings of fact; definitions; transcript and brief; copies; reply brief; cross appeal and brief; specifications; review and decision; adoption of order and opinion; scope of review; remand; analyses of evidence; findings of fact conclusive; review of questions of law; modification or correction of errors in decision.
Section 418.862 ‑ Claim for review as stay of payment; commencement and duration of payment; withholding benefits accruing prior to award; reimbursement of carrier; payment by carrier; interest; payments as accrued compensation in determining attorneys' fees; medical benefits.
Section 418.863 ‑ Presentation of certified copy of order to circuit court; judgment.
Section 418.864 ‑ Hearing by arbitrator; qualifications of arbitrator; adherence to civil rules of evidence; testimony; record; transcript; costs; place of hearing; briefs; order; opinion; findings of fact; review of questions of law; voluntary arbitration; fee of arbitrator.
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.
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.
Section 418.911 ‑ Filing by employer of information requested by certifying agency.
Section 418.921 ‑ Compensation for personal injury resulting in death or disability; liability of fund.
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.
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.
