Bill Text: MI HB5748 | 2011-2012 | 96th Legislature | Introduced

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Bill Title: Worker's compensation; exclusive remedy; option to bring civil action; allow worker choice. Amends sec. 131 of 1969 PA 317 (MCL 418.131).

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2012-07-18 - Printed Bill Filed 06/15/2012 [HB5748 Detail]

Download: Michigan-2011-HB5748-Introduced.html

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HOUSE BILL No. 5748

 

June 14, 2012, Introduced by Rep. Olumba 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 131 (MCL 418.131), as amended by 1993 PA 198.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 131. (1) The right to the recovery of benefits as

 

provided in this act shall be the employee's exclusive remedy as an

 

alternative to filing an action against the employer for a personal

 

injury or occupational disease shall be at the option of the

 

employee. The only exception to this exclusive remedy is an

 

intentional tort. An intentional tort shall exist only when an

 

employee is injured as a result of a deliberate act of the employer

 

and the employer specifically intended an injury. An employer shall

 

be deemed to have intended to injure if the employer had actual

 

knowledge that an injury was certain to occur and willfully

 

disregarded that knowledge. The issue of whether an act was an

 

intentional tort shall be a question of law for the court. This

 

subsection shall not enlarge or reduce rights under law.If an

 

employee proceeds against the employer under this act, the recovery

 

of benefits against the employer under this act for a personal

 

injury or occupational disease shall be the employee's exclusive

 

remedy.

 

     (2) As used in this section and section 827, "employee"

 

includes the person injured, his or her personal representatives,

 

and any other person to whom a claim accrues by reason of the

 

injury to, or death of, the employee, and "employer" includes the

 

employer's insurer and a service agent to a self-insured employer

 

insofar as they furnish, or fail to furnish, safety inspections or

 

safety advisory services incident to providing worker's

 

compensation insurance or incident to a self-insured employer's

 

liability servicing contract.