Michigan Compiled Laws

Mich. Comp. Laws § 418.305 (2026)

Wilful misconduct of employee.

✓ current as of July 2026
Find cases: SyfertCases citing this section MI-LEGlegislature.mi.gov JustiaChapter on Justia CornellLII Search CasesGoogle Scholar

WORKER'S DISABILITY COMPENSATION ACT OF 1969


Act 317 of 1969


418.305 Wilful misconduct of employee.

Sec. 305.

    If the employee is injured by reason of his intentional and wilful misconduct, he shall not receive compensation under the provisions of this act.

History: 1969, Act 317, Eff. Dec. 31, 1969

PopularName Notes:

Act 317

PopularName Notes:

Heart and Lung Act
Notes of Decisions
Cited in 16 cases, 1971–2008 · leading case: Brackett v. Focus Hope, Inc, 753 N.W.2d 207 (Mich. 2008).
Brackett v. Focus Hope, Inc, 753 N.W.2d 207 (Mich. 2008). · cites it 26× “This case requires us to consider whether plaintiff's refusal to attend an employer-mandated event constituted "intentional and wilful misconduct" under MCL 418.305, thereby barring her recovery of benefits under the Worker's Disability Compensation Act, MCL 418.”
Daniel v. Dep't of Corr., 658 N.W.2d 144 (Mich. 2003). · cites it 19× “In this case we address whether plaintiff, who was disciplined by the Department of Corrections (his employer) for sexually harassing female attorneys, and who suffered depression as a result of the disciplinary proceedings, is barred from worker’s compensation benefits pursuant…”
Eversman v. Concrete Cutting & Breaking, 614 N.W.2d 862 (Mich. 2000). · cites it 8× “MCL 418.305; MSA 17.237(305) precludes compensation for injuries "[i]f the employee is injured by reason of his intentional and wilful misconduct.”
Beauchamp v. Dow Chem. Co., 398 N.W.2d 882 (Mich. 1986). · cites it 2× “[26] MCL 418.305; MSA 17.237(305). [27] State Commission, n 6 supra at 32.”
Daniel v. Dep't of Corr., 638 N.W.2d 175 (Mich. Ct. App. 2002). · cites it 34× “*179 On appeal to the WCAC, defendant argued as an affirmative defense that plaintiff was precluded from recovering benefits because he was injured by reason of his intentional and wilful misconduct.”
Dean v. Chrysler Corp., 455 N.W.2d 699 (Mich. 1990). · cites it 2× “I agree with the separate opinion that Chrysler would not be liable under the quasi-course test if it could prove that Ms.”
Sweatt v. Dep't of Corr., 661 N.W.2d 201 (Mich. 2003). “, injured employees are not entitled to benefits if the injury is “by reason of his intentional and wilful misconduct,” MCL 418.305; the “injury [is] incurred in the pursuit of an activity the major purpose of which is social or recreational,” MCL 418.”
Hammons v. City of Highland Park Police Dep't, 364 N.W.2d 575 (Mich. 1985). · cites it 2× “2, is now, without change in language, MCL 418.305; MSA 17.237(305), which reads as follows: "If the employee is injured by reason of his intentional and wilful misconduct, he shall not receive compensation under the provisions of this act.”
Eversman v. Concrete Cutting & Breaking, 568 N.W.2d 387 (Mich. Ct. App. 1997). · cites it 2× “237(301) (3) or MCL 418.305; MSA 17.237(305). MCL 418.301(3); MSA 17.”
Chester v. World Football League, 255 N.W.2d 643 (Mich. Ct. App. 1977). · cites it 2× “See MCLA 418.305; MSA 17.237(305). We feel the broad construction necessary and desirable for this provision justifies finding the assault within the course of the parties' employment.”
Shepard v. Brunswick Corp., 193 N.W.2d 370 (Mich. Ct. App. 1971). · cites it 4× “MCLA § 418.305 (Stat Ann 1971 Cum Supp § 17.”
Harrison v. Tireman & Colfax Bump & Repair Shop, 232 N.W.2d 274 (Mich. 1975). “MCLA 418.305; MSA 17.237(305). The Workmen’s Compensation Appeal Board described both plaintiff and defendant as "not impressively credible”.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.