Bill Text: MI HB5481 | 2013-2014 | 97th Legislature | Engrossed
Bill Title: Worker's compensation; administration; reimbursement from second injury fund; provide for private employer group self-insurers security fund. Amends sec. 356 of 1969 PA 317 (MCL 418.356).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2014-07-16 - Assigned Pa 231'14 With Immediate Effect [HB5481 Detail]
Download: Michigan-2013-HB5481-Engrossed.html
HB-5481, As Passed Senate, June 12, 2014
HOUSE BILL No. 5481
April 29, 2014, Introduced by Rep. Graves and referred to the Committee on Commerce.
A bill to amend 1969 PA 317, entitled
"Worker's disability compensation act of 1969,"
by amending section 356 (MCL 418.356), as amended by 1994 PA 271.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 356. (1) An injured employee who, at the time of the
personal injury, is entitled to a rate of compensation less than
50% of the then applicable state average weekly wage as determined
for the year in which the injury occurred pursuant to section 355,
may be entitled to an increase in benefits after 2 years of
continuous disability. After 2 years of continuous disability, the
employee may petition for a hearing at which the employee may
present
evidence , that, by
virtue of the employee's age,
education, training, experience, or other documented evidence which
would fairly reflect the employee's earning capacity, the
employee's earnings would have been expected to increase. Upon
presentation of this evidence, a worker's compensation magistrate
may order an adjustment of the compensation rate up to 50% of the
state average weekly wage for the year in which the employee's
injury occurred. The adjustment of compensation, if ordered, shall
be effective as of the date of the employee's petition for the
hearing. The adjustments provided in this subsection shall be paid
by
the carrier on a weekly basis. However, the carrier, and
the
self-insurers' security fund, and the private employer group self-
insurers security fund shall be entitled to reimbursement for these
payments from the second injury fund created in section 501. There
shall be only 1 adjustment made for an employee under this
subsection.
(2) The minimum weekly benefit for death under section 321
shall be 50% of the state average weekly wage as determined under
section 355.
(3) The minimum weekly benefit for 1 or more losses stated in
section 361(2) and (3) shall be 25% of the state average weekly
wage as determined under section 355.
(4) There is no minimum weekly benefit for total disability
under section 351.
(5) This section does not apply to an employee entitled to
benefits under section 361(1).
