WORKER'S DISABILITY COMPENSATION ACT OF 1969
Act 317 of 1969
418.351 Total incapacity for work; amount and duration of compensation; limitation on conclusive presumption of total and permanent disability; determining question of permanent and total disability.
Sec. 351.
(1) While the incapacity for work resulting from a personal injury is total, the employer shall pay, or cause to be paid as provided in this section, to the injured employee, a weekly compensation of 80% of the employee's after-tax average weekly wage, but not more than the maximum weekly rate of compensation, as determined under section 355. Compensation shall be paid for the duration of the disability. The conclusive presumption of total and permanent disability shall not extend beyond 800 weeks from the date of injury and thereafter the question of permanent and total disability shall be determined in accordance with the fact, as the fact may be at that time.
(2) A totally and permanently disabled employee whose date of injury preceded July 1, 1968, is entitled to the compensation under this act that was payable to the employee immediately before the effective date of this subsection, or compensation equal to 50% of the state average weekly wage as last determined under section 355, whichever is greater.
(3) If an employee who is eligible for weekly benefits under this act would have received greater weekly benefits under the prior benefit standard of 2/3 of average weekly wages, subject to the maximum benefits which were in effect before January 1, 1982, then the employee shall be entitled to such greater weekly benefits, but not at a rate exceeding the maximum rate in his or her dependency classification under such law. This subsection does not authorize payment to an employee according to any schedule of minimum benefits, except those provided in section 356.
History: 1969, Act 317, Eff. Dec. 31, 1969 ;-- Am. 1976, Act 393, Imd. Eff. Jan. 3, 1977 ;-- Am. 1980, Act 357, Eff. Jan. 1, 1982
PopularName Notes:
Act 317
PopularName Notes:
Heart and Lung Act
Notes of Decisions
Smitter v. Thornapple Twp., 833 N.W.2d 875 (Mich. 2013).
· cites it 21× “361(2)] and (3) shall be reduced by these amounts: * * * (b) The after-tax amount of the payments received or being received under a self-insurance plan, a wage continuation plan, or under a disability insurance policy provided by the same employer from whom benefits under [MCL…”
Gusler v. Fairview Tubular Prods., 315 N.W.2d 388 (Mich. 1981).
· cites it 25× “237(355) (hereinafter § 355) apply to the minimum as well as the maximum weekly rates for total disability as established *282 in MCL 418.351; MSA 17.237(351) (hereinafter § 351).”
Lincoln v. Gen. Motors Corp., 586 N.W.2d 241 (Mich. Ct. App. 1998).
· cites it 18× “§ 418.351; MSA 17.237(351). The Court gave its holding prospective application, stating: Although our holding is based on what we perceive to have been the intent of the Legislature at the time of enactment of the provisions discussed, in practical effect, given the contrary…”
Lincoln v. Gen. Motors Corp., 607 N.W.2d 73 (Mich. 2000).
· cites it 9× “” 3 The special status of Eva King people was later codified by 1980 PA 357 , which added MCL 418.351(2); MSA 17.237(351)(2). 4 This measure provides: A totally and permanently disabled employee whose date of injury preceded July 1, 1968, is entitled to the compensation under…”
Powell v. Casco Nelmor Corp., 279 N.W.2d 769 (Mich. 1979).
· cites it 4× “[4] The rate of compensation is set at a percentage of claimant's average weekly wage loss, MCL 418.351, 418.361; MSA 17.237(351), 17.”
Riley v. Northland Geriatric Ctr., 433 N.W.2d 787 (Mich. 1988).
· cites it 4× “237(355), apply to the minimum as well as the maximum weekly rates for total disability, as set forth in MCL 418.351; MSA 17.237(351)? [ Gusler v Fairview Tubular Products, 407 Mich 926 (1979).”
Redfern v. Sparks-Withington Co., 268 N.W.2d 28 (Mich. 1978).
· cites it 4× “[12] MCL 418.351; MSA 17.237(351); Sims v R D Brooks, Inc, 389 Mich 91 ; 204 NW2d 139 (1973); Miller v Sullivan Milk Products, Inc, supra, pp 665-666; Hutsko v Chrysler Corp, supra, p 102.”
Pike v. City of Wyoming, 433 N.W.2d 768 (Mich. 1988).
· cites it 4× “Unlike MCL 418.351; MSA 17.237(351), which allows for the redetermination of the question of total and permanent disability after a period of eight hundred weeks on the basis of a change of facts, the Legislature has not provided for general redetermination of dependency…”
Gose v. Monroe Auto Equip. Co., 294 N.W.2d 165 (Mich. 1980).
· cites it 2× “[2] The 500-week limit was subsequently legislatively changed. As discussed by the Court of Appeals in the instant case: "The statute in effect at the time of the plaintiff's injury limited benefits for total disability to 500 weeks.”
— Mich. Comp. Laws § 418.351(1) — 38 cases
Smitter v. Thornapple Twp., 833 N.W.2d 875 (Mich. 2013).
“361(2)] and (3) shall be reduced by these amounts: * * * (b) The after-tax amount of the payments received or being received under a self-insurance plan, a wage continuation plan, or under a disability insurance policy provided by the same employer from whom benefits under [MCL…”
Lincoln v. Gen. Motors Corp., 586 N.W.2d 241 (Mich. Ct. App. 1998).
“§ 418.351; MSA 17.237(351). The Court gave its holding prospective application, stating: Although our holding is based on what we perceive to have been the intent of the Legislature at the time of enactment of the provisions discussed, in practical effect, given the contrary…”
Gose v. Monroe Auto Equip. Co., 294 N.W.2d 165 (Mich. 1980).
“[2] The 500-week limit was subsequently legislatively changed. As discussed by the Court of Appeals in the instant case: "The statute in effect at the time of the plaintiff's injury limited benefits for total disability to 500 weeks.”
Riley v. Northland Geriatric Ctr., 433 N.W.2d 787 (Mich. 1988).
“237(355), apply to the minimum as well as the maximum weekly rates for total disability, as set forth in MCL 418.351; MSA 17.237(351)? [ Gusler v Fairview Tubular Products, 407 Mich 926 (1979).”
— Mich. Comp. Laws § 418.351(2) — 6 cases
Lincoln v. Gen. Motors Corp., 607 N.W.2d 73 (Mich. 2000).
“” 3 The special status of Eva King people was later codified by 1980 PA 357 , which added MCL 418.351(2); MSA 17.237(351)(2). 4 This measure provides: A totally and permanently disabled employee whose date of injury preceded July 1, 1968, is entitled to the compensation under…”
Lincoln v. Gen. Motors Corp., 586 N.W.2d 241 (Mich. Ct. App. 1998).
“§ 418.351; MSA 17.237(351). The Court gave its holding prospective application, stating: Although our holding is based on what we perceive to have been the intent of the Legislature at the time of enactment of the provisions discussed, in practical effect, given the contrary…”
Pike v. City of Wyoming, 433 N.W.2d 768 (Mich. 1988).
“Unlike MCL 418.351; MSA 17.237(351), which allows for the redetermination of the question of total and permanent disability after a period of eight hundred weeks on the basis of a change of facts, the Legislature has not provided for general redetermination of dependency…”
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