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.