H.B. 5536: COMMITTEE SUMMARY RESCUE TEAMS: WORKERS’ COMP.
House Bill 5536 (as passed by the House) Sponsor: Representative Walter J. DeLange House Committee: Human Resources and Labor
Senate Committee: Human Resources, Labor and Veterans Affairs
Date Completed: 11-7-96
The bill would amend the Worker’s Disability Compensation Act to provide that, if a volunteer member of a nonprofit organization that was recognized as an authorized emergency rescue team by one or more Michigan counties, cities, villages, or townships were employed as a police officer, fire fighter, emergency medical technician, or ambulance driver by the State, or a county, city, village, or township and were injured in the normal scope of duties as a volunteer member of the authorized emergency rescue team, excluding activation, he or she would be considered to be engaged in the performance of his or her normal duties for the public employer. If the volunteer member were not so employed, and were injured in the normal scope of duties as a volunteer member of the authorized emergency rescue team, he or she would be considered to be an employee of the team.
For purposes of securing the payment of compensation under the Act, on activation, each member of the team would be considered to be covered by a workers’ compensation policy obtained by the team unless the employer of a team member agreed in writing to provide coverage for that member under its policy. Members of an emergency rescue team would be considered to be receiving from the team the State average weekly wage at the time of injury, as last determined under the Act, for the purpose of calculating the weekly rate of compensation. If the member’s average weekly wage were greater than the State average weekly wage at the time of the injury, however, the member’s weekly rate of compensation would have to be determined based on his or her average weekly wage.
MCL 418.161 Legislative Analyst: P. Affholter
The bill would have no fiscal impact on State or local government.
Fiscal Analyst: M. Tyszkiewicz
S9596\S5536SA
This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.
Page 1 of 1 hb5536/9596