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Section 418.405

Act 317 of 1969

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.

Sec. 405.

(1) In the case of 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 and the deputies of the county sheriff, members of the state police, conservation officers, and motor carrier inspectors of the Michigan public service commission, “personal injury” shall be construed to include respiratory and heart diseases or illnesses resulting therefrom which develop or manifest themselves during a period while the member of the department is in the active service of the department and result from the performance of duties for the department.

(2) Such respiratory and heart diseases or illnesses resulting therefrom are deemed to arise out of and in the course of employment in the absence of evidence to the contrary.

(3) As a condition precedent to filing an application for benefits, the claimant, if he or she is one of those enumerated in subsection (1), shall first make application for, and do all things necessary to qualify for any pension benefits which he or she, or his or her decedent, may be entitled to. If a final determination is made that pension benefits shall not be awarded, then the presumption of “personal injury” as provided in this section shall apply. The employer or employee may request 2 copies of the determination denying pension benefits, 1 copy of which may be filed with the bureau.

History: 1969, Act 317, Eff. Dec. 31, 1969 ;-- Am. 1971, Act 17, Imd. Eff. May 5, 1971 ;-- Am. 1971, Act 188, Imd. Eff. Dec. 20, 1971 ;-- Am. 1980, Act 457, Imd. Eff. Jan. 15, 1981
Popular Name: Act 317

© 2009 Legislative Council, State of Michigan