WORKER'S DISABILITY COMPENSATION ACT OF 1969
Act 317 of 1969
418.335 Cessation of payments upon remarriage of dependent wife or upon dependent person reaching certain age; reinstatement of dependency; persons to whom section applicable.
Sec. 335.
(1) Upon the remarriage of a dependent wife receiving compensation, such payments shall cease upon the payment to her of the balance of the compensation to which she would otherwise have been entitled but not to exceed the sum of $500.00, and further compensation, if any, shall be payable to the person either wholly or partially dependent upon deceased for support at his death as provided in section 331(b). A worker's compensation magistrate shall determine the amount of compensation or portion thereof that shall be payable weekly to such wholly or partially dependent person for the remaining weeks of compensation. Where, at the expiration of the 500-week period, any such wholly or partially dependent person is less than 18 years of age, a worker's compensation magistrate may order the employer to continue to pay the weekly compensation, or some portion thereof, until such wholly or partially dependent person reaches the age of 18. The payment of compensation to any dependent child shall cease when the child reaches the age of 18 years, if at the age of 18 years he or she is neither physically nor mentally incapacitated from earning, or when the child reaches the age of 16 years and thereafter is self-supporting for 6 months. If the child ceases to be self-supporting thereafter, the dependency shall be reinstated. Such remaining compensation, if any, shall be payable to the person either wholly or partially dependent upon the deceased employee for support at the time of the employee's death, as provided in the case of the remarriage of a dependent wife.
(2) This section shall apply to all persons who are entitled to receive compensation or are receiving compensation under this act on July 30, 1985 and who have not attained the age of 18 years on July 30, 1985.
History: 1969, Act 317, Eff. Dec. 31, 1969 ;-- 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
Paige v. City of Sterling Heights, 720 N.W.2d 219 (Mich. 2006).
· cites it 4× “331(b) with regard to the issue presented here, while Murphy involved an altogether different issue implicating MCL 418.335. [49] Second, and more important, even if Murphy had directly addressed the statute and issue presented in this case, the WCAC would not be justified in…”
Murphy v. Michigan Bell Tel. Co., 523 N.W.2d 310 (Mich. 1994).
· cites it 8× “Michigan Bell thereafter ceased payment of benefits to her pursuant to MCL 418.335; MSA 17.237(335), but voluntarily continued to pay benefits for the two children until the expiration of the 500-week period required by MCL 418.”
Petersen v. Magna Corp., 773 N.W.2d 564 (Mich. 2009).
· cites it 2× “321, MCL 418.335, MCL 418.345, and MCL 418.835.”
Benito T. Perez, Jr. v. Aetna Life Ins. Co., 96 F.3d 813 (6th Cir. 1996).
“Maximum benefits received under this provision, however, could not have exceeded the maximum weekly rate of compensation as determined in Mich.Comp.Laws Ann. § 418.335 (West 1995).”
Murphy v. Ameritech, 561 N.W.2d 875 (Mich. Ct. App. 1997).
· cites it 3× “Defendant appeals by leave granted an order of the Worker’s Compensation Appellate Commission (WCAC), which, after remand from our Supreme Court, held that plaintiff’s children are entitled to additional death benefits pursuant to MCL 418.335; MSA 17.237(335). We affirm in part…”
Eddington Est. v. Eppert Oil Co., 490 N.W.2d 872 (Mich. 1992).
· cites it 2× “I would remand to the Court of Appeals to consider the employer's alternative request that this action be remanded to the trial court for an evidentiary hearing on the apportionment of damages in regard to the total settlement. [3] A majority of the Court not agreeing thereto, I…”
Theodore v. Packing Materials, Inc, 240 N.W.2d 255 (Mich. 1976).
“5 Presently MCLA 418.335; MSA 17.237(335) which provides: "The payment of compensation to any dependent child shall cease when the child reaches the age of 21 years, if at the age of 21 years he is neither physically nor mentally incapacitated from earning, or when the child…”
Logan v. Edward C Levy Co., 297 N.W.2d 664 (Mich. Ct. App. 1980).
“See MCL 418.335; MSA 17.237(335). We take this opportunity to refute defendant’s position that the dependent children have no interest in the death benefits that is distinct from that of the spouse.”
Washburn v. Am. Roofing Co., 217 N.W.2d 104 (Mich. Ct. App. 1974).
· cites it 2× “…MCLA 412.6(b); MSA 17.156(b). Now MCLA 418.331(1)(b); MSA 17.237(331)(1)(b). [7] MCLA 412.6(c); MSA 17.156(c). Now MCLA 418.335; MSA 17.237(335).”
Murphy v. Michigan Bell Tel. Co., 505 N.W.2d 3 (Mich. Ct. App. 1993).
· cites it 3× “Section 335 of the wdca, MCL 418.335; MSA 17.237(335), provides, in part: Where, at the expiration of the 500-week period, any .”
Cohoon v. Fruehauf Trailer Corp., 570 N.W.2d 158 (Mich. Ct. App. 1997).
· cites it 3× “, provides no authority to extend the five-hundred-week benefits period for dependents over the age provided in MCL 418.335; MSA 17.237(335). i Plaintiffs’ decedent, Carl Cohoon, died in 1981 as a result of an occupational disease.”
— Mich. Comp. Laws § 418.335(1) — 1 case
Murphy v. Michigan Bell Tel. Co., 505 N.W.2d 3 (Mich. Ct. App. 1993).
“Section 335 of the wdca, MCL 418.335; MSA 17.237(335), provides, in part: Where, at the expiration of the 500-week period, any .”
— Mich. Comp. Laws § 418.335(2) — 1 case
Murphy v. Michigan Bell Tel. Co., 505 N.W.2d 3 (Mich. Ct. App. 1993).
“Section 335 of the wdca, MCL 418.335; MSA 17.237(335), provides, in part: Where, at the expiration of the 500-week period, any .”
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