WORKER'S DISABILITY COMPENSATION ACT OF 1969
Act 317 of 1969
418.321 Compensation for death resulting from personal injury.
Sec. 321.
If death results from the personal injury of an employee, the employer shall pay, or cause to be paid, subject to section 375, in 1 of the methods provided in this section, to the dependents of the employee who were wholly dependent upon the employee's earnings for support at the time of the injury, a weekly payment equal to 80% of the employee's after-tax average weekly wage, subject to the maximum and minimum rates of compensation under this act, for a period of 500 weeks from the date of death. If at the expiration of the 500-week period any such wholly or partially dependent person is less than 21 years of age, a worker's compensation magistrate may order the employer to continue to pay the weekly compensation or some portion thereof until the wholly or partially dependent person reaches the age of 21. If the employee leaves dependents only partially dependent upon his or her earnings for support at the time of injury, the weekly compensation to be paid shall be equal to the same proportion of the weekly payments for the benefit of persons wholly dependent as 80% of the amount contributed by the employee to the partial dependents bears to the annual earnings of the deceased at the time of injury.
History: 1969, Act 317, Eff. Dec. 31, 1969 ;-- Am. 1980, Act 357, Eff. Jan. 1, 1982 ;-- Am. 1985, Act 103, Imd. Eff. July 30, 1985 ;-- Am. 1994, Act 271, Imd. Eff. July 11, 1994
Compiler's Notes:
For legislative intent as to severability, see Compiler's note to MCL 418.213.
PopularName Notes:
Act 317
PopularName Notes:
Heart and Lung Act
Notes of Decisions
Lesner v. Liquid Disposal, Inc, 643 N.W.2d 553 (Mich. 2002).
· cites it 64× “MCL 418.321 includes no mention of the income of a partial dependent as a factor in the calculation of the benefits due that partial dependent.”
Weems v. Chrysler Corp., 533 N.W.2d 287 (Mich. 1995).
· cites it 28× “Additionally, we must determine the proper formula for calculating a partially dependent person's weekly benefit pursuant to MCL 418.321; MSA 17.237(321). [2] Finally, we must determine whether a partially dependent person's weekly benefit is subject to the statutory maximum…”
Paige v. City of Sterling Heights, 720 N.W.2d 219 (Mich. 2006).
· cites it 4× “375(2), in lieu of such weekly payments to the employee, the employer is required *225 to pay death benefits pursuant to MCL 418.321 [5] if two requirements are met: (1) the work-related injury was "the proximate cause" of the employee's death, and (2) the deceased employee…”
Murphy v. Michigan Bell Tel. Co., 523 N.W.2d 310 (Mich. 1994).
· cites it 8× “237(335), but voluntarily continued to pay benefits for the two children until the expiration of the 500-week period required by MCL 418.321; MSA 17.237(321). Thereafter, Candace Murphy petitioned for a hearing of her claim that the children aged thirteen and nine, were entitled…”
Gusler v. Fairview Tubular Prods., 315 N.W.2d 388 (Mich. 1981).
· cites it 4× “[5] However, the only reference in § 321 to § 355 is with respect to the language establishing the maximum rates.”
Petersen v. Magna Corp., 773 N.W.2d 564 (Mich. 2009).
· cites it 2× “" Other provisions of the WDCA that vest discretion in magistrates using the word "may" include MCL 418.321, MCL 418.335, MCL 418.345, and MCL 418.”
Hagerman v. Gencorp Auto., 579 N.W.2d 347 (Mich. 1998).
· cites it 2× “§ 418.321; M.S.A. § 17.237(321) provides for computation of death benefits at eighty percent of the employee's after tax weekly wage for a period of five hundred weeks for persons wholly dependent on the decedent and for benefits in proportion to the level of dependency for…”
Kroll v. Hyster Co., 247 N.W.2d 561 (Mich. 1976).
· cites it 4× “237(361) and MCLA 418.321; MSA 17.237(321), where it is provided that conclusive presumptions of continuing disability for varying periods of time are in effect upon a finding of a particular type of injury.”
Hearns v. Ujkaj, 446 N.W.2d 657 (Mich. Ct. App. 1989).
· cites it 3× “Following the accident, his employer’s workers’ compensation carrier, Travelers Insurance Company, began paying survivor’s loss benefits to plaintiff pursuant to § 321 of the Workers’ Disability Compensation Act, MCL 418.321; MSA 17.237(321). Plaintiff, individually and as…”
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