MCL - Index of Act 317 of 1969
NOTE: Dates reflect any modification to item, not necessarily a change in law.
| Title | Subject |
|---|---|
| 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 418.101 | Short title. |
| Section 418.111 | Persons subject to act. |
| Section 418.115 | Employers covered; private employers; agricultural employers; medical and hospital coverage. |
| Section 418.118 | Domestic servants. |
| Section 418.119 | Licensed real estate salesperson or associate real estate broker as employee. |
| Section 418.120 | Employee of franchisee as employee of franchisor. |
| Section 418.121 | Private employers; voluntary assumption of coverage. |
| 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 418.151 | Employers subject to act. |
| Section 418.155 | Agricultural employer; definition. |
| 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 418.201 | Bureau of worker's compensation; creation; director. |
| Section 418.203 | Director; appointment, term, salary, removal, vacancy, expenses. |
| Section 418.205 | Powers and duties of director. |
| 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| Section 418.209 | Repealed. 2011, Act 266, Imd. Eff. Dec. 19, 2011. |
| Section 418.210 | Appointment of worker's compensation magistrate. |
| Section 418.211 | Repealed. 2011, Act 266, Imd. Eff. Dec. 19, 2011. |
| 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 418.215 | Repealed. 2011, Act 266, Imd. Eff. Dec. 19, 2011. |
| Section 418.221 | Blank forms; printing, cost. |
| 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 418.223 | Repealed. 2011, Act 266, Imd. Eff. Dec. 19, 2011. |
| Section 418.225 | Statistics; compiling, annual report. |
| Section 418.230 | Confidential records; exceptions; power of court to subpoena records not limited; definition. |
| Section 418.231 | Obsolete records; destruction. |
| Section 418.235 | Conducting business at public meeting; notice of meeting; availability of writings to public. |
| Section 418.251 | Repealed. 1989, Act 115, Eff. July 1, 1989. |
| Section 418.252 | Repealed. 1989, Act 115, Eff. June 30, 1991. |
| Section 418.253, 418.255 | Repealed. 1989, Act 117, Eff. Mar. 30, 1992. |
| Section 418.261 | Repealed. 1989, Act 115, Eff. June 30, 1991. |
| Section 418.265 | Repealed. 1989, Act 117, Eff. Mar. 30, 1992. |
| Section 418.266 | Repealed. 1994, Act 271, Imd. Eff. July 11, 1994. |
| 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 418.302 | "Wage earning capacity" defined. |
| Section 418.305 | Wilful misconduct of employee. |
| Section 418.311 | Compensation payments; computations. |
| Section 418.313 | “After-tax average weekly wage” defined; tables. |
| Section 418.315 | Furnishing medical care for injury arising out of and in course of employment; optometric service; chiropractic service; physical therapy 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 418.319 | Medical or vocational rehabilitation services. |
| Section 418.321 | Compensation for death resulting from personal injury. |
| 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 418.341 | Dependents; qualifications; party in interest. |
| 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 418.352 | Supplement to weekly compensation. |
| Section 418.353 | Determination of dependency. |
| Section 418.354 | Coordination of benefits. |
| 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; total disability; exception. |
| Section 418.357 | Employee 65 or older; reduction of weekly payments; exception. |
| Section 418.358 | Reduction of benefits. |
| Section 418.359 | Repealed. 1985, Act 103, Imd. Eff. July 10, 1985. |
| 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 418.364 | Repealed. 2011, Act 266, Imd. Eff. Dec. 19, 2011. |
| Section 418.371 | Weekly loss in wages; average weekly wage. |
| 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, self-insurers' security fund, or private employer group self-insurers security fund; 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 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. |
| Section 418.411 | Disablement treated as personal injury. |
| Section 418.415 | Death or disablement compensation. |
| Section 418.425 | Date of disablement. |
| Section 418.431 | Employer's liability; conditions exempting and limiting. |
| 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. |
| 317-1969-5 | CHAPTER 5 FUNDS (418.501...418.561) |
| Section 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. |
| Section 418.501a | Liability of self-insurer's security fund; termination on January 1, 2020; responsibility of PEGSISF on and after January 1, 2020; assessment. |
| Section 418.501b | Assessments. |
| Section 418.502 | “Insolvent private self-insured employer” defined. |
| Section 418.511 | Board of trustees; appointment, term, expenses. |
| Section 418.515 | Board of trustees; powers and duties; funds administrator; office space; clerical assistance; expenses; legal advice and representation. |
| Section 418.521 | Second injury fund; payments reimbursable. |
| 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 418.532 | Repealed. 1996, Act 357, Eff. June 1, 2000. |
| Section 418.535 | Disability caused by combination of causes; apportionment; reimbursement of employer. |
| Section 418.537 | Payments from self-insurers' security fund. |
| Section 418.538 | Claims authorized under MCL 418.501a; payment. |
| Section 418.541 | Payments from funds; notice of claim for reimbursement; agreements; rights of fund as employer or carrier. |
| 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; annual financial report; report regarding self-insurers' security fund's management of claims; exclusion of personally identifiable information. |
| Section 418.552 | Insufficiency of funds; borrowing; repayment; restriction; special assessment. |
| Section 418.552a | Expired. 1980, Act 357, Eff. Jan. 1, 1986. |
| Section 418.552b | Silicosis, dust disease, and logging industry compensation fund; review; report. |
| Section 418.553 | Self-insurers' security fund or private employer group self-insurers security fund; subrogation. |
| Section 418.555 | Reimbursement provisions; delinquent carriers. |
| Section 418.561 | Application for self-insurance; agreement as to insolvency. |
| 317-1969-6 | CHAPTER 6 SECURITY FOR COMPENSATION (418.601...418.659) |
| Section 418.601 | Definitions. |
| Section 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. |
| Section 418.613 | Misclassification of services; penalties or interest. |
| Section 418.615 | Report by employer not self-insurer; failure to file. |
| 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 418.631 | Claim payments; filing reports. |
| 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. |
| Section 418.651 | Existing contracts unaffected; rights and liabilities. |
| Section 418.655 | Relief from liability. |
| Section 418.657 | Public employers; operating expense; tax levy. |
| Section 418.659 | Dissolution of certain authorities; payment of claims. |
| 317-1969-7 | CHAPTER 7 ACCIDENT FUND (418.700... 418.756) |
| Section 418.700 | Repealed. 2011, Act 266, Imd. Eff. Dec. 19, 2011. |
| Section 418.700a | Repealed. 2011, Act 266, Imd. Eff. Dec. 19, 2011. |
| Section 418.701 | Repealed. 2011, Act 266, Imd. Eff. Dec. 19, 2011. |
| Section 418.701a | Repealed. 2011, Act 266, Imd. Eff. Dec. 19, 2011. |
| Section 418.702 | Repealed. 2011, Act 266, Imd. Eff. Dec. 19, 2011. |
| Section 418.705 | Repealed. 1993, Act 198, Eff. Dec. 28, 1994. |
| Section 418.711 | Repealed. 1990, Act 157, Imd. Eff. June 29, 1990. |
| Section 418.711a, 418.712 | Repealed. 1993, Act 198, Eff. Dec. 28, 1994. |
| Section 418.713 | Repealed. 2011, Act 266, Imd. Eff. Dec. 19, 2011. |
| Section 418.714, 418.715 | Repealed. 1993, Act 198, Eff. Dec. 28, 1994. |
| Section 418.721 | Repealed. 1990, Act 157, Imd. Eff. June 29, 1990. |
| Section 418.722-418.725 | Repealed. 1993, Act 198, Eff. Dec. 28, 1994. |
| Section 418.731 | Repealed. 2011, Act 266, Imd. Eff. Dec. 19, 2011. |
| Section 418.735 | Repealed. 1993, Act 198, Eff. Dec. 28, 1994. |
| Section 418.741 | Repealed. 2011, Act 266, Imd. Eff. Dec. 19, 2011. |
| Section 418.742 | Repealed. 1993, Act 198, Eff. Dec. 28, 1994. |
| Section 418.745, 418.746 | Repealed. 1993, Act 198, Eff. Dec. 28, 1994. |
| Section 418.751 | Repealed. 2011, Act 266, Imd. Eff. Dec. 19, 2011. |
| Section 418.755, 418.756 | Repealed. 1993, Act 198, Eff. Dec. 28, 1994. |
| 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 418.805 | Record of injuries; contents; reports to bureau. |
| Section 418.811 | Compensation; effect of savings, insurance, or other benefits. |
| Section 418.815 | Compensation; waiver of right, validity. |
| 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 418.823 | Mental incompetents or minors. |
| Section 418.827 | Third party liability. |
| Section 418.831 | Compensation; acceptance, effect. |
| 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 418.845 | Out-of-state injuries; jurisdiction; benefits. |
| 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 418.851a | Repealed. 1989, Act 117, Eff. Mar. 30, 1992. |
| 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 418.859 | Repealed. 1989, Act 117, Eff. Mar. 30, 1992. |
| Section 418.859a | Filing claim for review; time; copy of testimony, depositions, and other documents. |
| Section 418.860 | Repealed. 1994, Act 271, Imd. Eff. July 11, 1994. |
| Section 418.861 | Findings of fact conclusive; questions of law. |
| 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 418.861b | Vexatious claim or proceedings; disciplinary action. |
| 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 418.865 | Examination by physicians; fee. |
| Section 418.867 | Investigation commission; report, expenses. |
| 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. |
| Section 418.898 | Repeal. |
| Section 418.899 | Effective date. |
| 317-1969-9 | CHAPTER 9 VOCATIONALLY HANDICAPPED (418.901...418.941) |
| Section 418.901 | Definitions. |
| 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 418.915 | Rules. |
| 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. |
| Section 418.935 | Redemption of liability. |
| Section 418.941 | Reports; investigation. |