Mich. Comp. Laws » Michigan Compiled Laws / Chapter 418 / Act 317 of 1969
Michigan Compiled Laws

Mich. Comp. Laws § 418.353 (2026)

Determination of dependency.

✓ current as of July 2026
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WORKER'S DISABILITY COMPENSATION ACT OF 1969


Act 317 of 1969


418.353 Determination of dependency.

Sec. 353.

    (1) For the purposes of sections 351 to 361, dependency shall be determined as follows:

    (a) A child under the age of 16 years, or 16 years or over if physically or mentally incapacitated from earning, living with his parent at the time of the injury of that parent.

    (b) In all other cases questions of dependency shall be determined in accordance with the facts at the time of the injury, except as provided in subsection (3). A person shall not be considered a dependent unless he or she is a member of the family of the injured employee, or unless the person bears to the injured employee the relation of husband or wife, or lineal descendent, or ancestor or brother or sister. Except as to a person conclusively presumed to be a dependent, a person who receives less than 1/2 of his or her support from an injured employee shall not be considered to be a dependent.

    (2) Weekly payments to an injured employee shall be reduced by the additional amount provided for any dependent child or spouse or other dependent when the child either reaches the age of 18 years or after becoming 16 ceases for a period of 6 months to receive more than 1/2 of his or her support from the injured employee, if at that time the child is neither physically nor mentally incapacitated from earning; when the spouse is divorced by final decree from his or her injured spouse; or when the child, spouse, or other dependent is deceased.

    (3) An increase in payments shall be made for increased numbers of conclusive dependents as defined in this act who were not dependent at the time of the injury of an employee.

History: 1969, Act 317, Eff. Dec. 31, 1969 ;-- Am. 1971, Act 215, Imd. Eff. Dec. 30, 1971 ;-- Am. 2011, Act 266, Imd. Eff. Dec. 19, 2011

Constitutionality Notes:

    The gender-based conclusive presumption of the workers' compensation act is violative of the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution; the doctrine of res judicata did not preclude a redetermination of dependency of the wife of an injured worker. Pike v City of Wyoming, 431 Mich 589; 433 NW2d 768 (1988).

Compiler's Notes:

    Enacting section 2 of Act 266 of 2011 provides:

    "Enacting section 2. This amendatory act applies to injuries incurred on or after its effective date."

PopularName Notes:

Act 317

PopularName Notes:

Heart and Lung Act
Notes of Decisions
Cited in 24 cases, 1973–2008 · leading case: Pike v. City of Wyoming, 433 N.W.2d 768 (Mich. 1988).
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Pike v. City of Wyoming, 433 N.W.2d 768 (Mich. 1988). · cites it 8× “Pike is "conclusively presumed" a dependent, MCL 418.353(1)(a)(i); MSA 17.237(353)(1)(a)(i).”
Riley v. Northland Geriatric Ctr., 433 N.W.2d 787 (Mich. 1988). · cites it 4× “[6] While Justice BRICKLEY nominally endorses a "hybrid" rule of res judicata in workers' compensation proceedings, finality exists only until "`a subsequent petition based on changed circumstances that would not have been present at the previous litigation is filed.”
Weems v. Chrysler Corp., 533 N.W.2d 287 (Mich. 1995). · cites it 4× “In Pike , the Court held that MCL 418.353(1)(a)(i); MSA 17.237(353)(1)(a)(i), a provision of the worker's disability act that conclusively presumes a wife to be dependent, was also held to be unconstitutional.”
Moore v. Painting, 745 N.W.2d 816 (Mich. Ct. App. 2007). · cites it 4× “We carefully examined the record and[,] while duly cognizant of the deference to be given to the decision of the magistrate!,] find grounds for reversal upon application of MCL 418.353 to the found facts of this case.”
Murphy v. Michigan Bell Tel. Co., 523 N.W.2d 310 (Mich. 1994). · cites it 2× “by the additional amount provided for any dependent child or spouse or other dependent when such child either reaches the age of 18 years or after becoming 16 ceases for a period of 6 months to receive more than 1/2 of his support from such injured employee, if at such time he…”
Washburn v. Am. Roofing Co., 217 N.W.2d 104 (Mich. Ct. App. 1974). · cites it 10× “159 (now MCLA 418.353; MSA 17.237[353]). Consequently, the board ordered reduction in the benefits being paid to the plaintiff.”
Wilson v. Gen. Motors Corp., 301 N.W.2d 901 (Mich. Ct. App. 1980). · cites it 14× “We hold that the dependency status of a stepchild under MCL 418.353(1); MSA 17.237(353)(1) is an issue of fact.”
Corbett v. Montgomery Ward & Co, Inc, 487 N.W.2d 825 (Mich. Ct. App. 1992). · cites it 3× “The rule that "no person shall be deemed a dependent who receives less than Vz of his support from an injured employee” parallels the test for dependency adopted by Congress as part of the income tax provisions of the Internal Revenue Code. "[T]he term 'dependent’ means any of…”
Williams v. Chrysler Corp., 406 N.W.2d 222 (Mich. Ct. App. 1987). · cites it 2× “MCL 418.353(1)(a)(i); MSA 17.237(353)(1)(a)(i) provides that the wife of an injured employee, living with him at the time of the injury, is conclusively presumed to be dependent upon him.”
Black v. Gen. Motors Corp., 336 N.W.2d 28 (Mich. Ct. App. 1983). · cites it 5× “Defendant first contends that the WCAB erred in increasing plaintiff’s benefits to reflect the addition of the three stepchildren to his household.”
Holdren v. Lease Mgmt., Inc., 233 N.W.2d 59 (Mich. Ct. App. 1975). · cites it 4× “For purposes of determining dependency and setting the amount of compensation for total and partial incapacity, the statutory scheme is found at MCLA 418.353; MSA 17.237 (353). In pertinent part, the statute in effect at the time of the accident deemed children under 16 to be…”
Ayres v. Am. Chain & Cable Co., 223 N.W.2d 641 (Mich. Ct. App. 1974). · cites it 4× “Defendants appeal from a Workmen’s Compensation Appeal Board’s affirmance of an administrative judge’s determination that plaintiff-claimant was entitled to a continuation of dependency benefits even after his son reached 18 years of age notwithstanding an amendment to the…”
Show all 24 citing cases →
— Mich. Comp. Laws § 418.353(1) — 3 cases
Corbett v. Montgomery Ward & Co, Inc, 487 N.W.2d 825 (Mich. Ct. App. 1992). “The rule that "no person shall be deemed a dependent who receives less than Vz of his support from an injured employee” parallels the test for dependency adopted by Congress as part of the income tax provisions of the Internal Revenue Code. "[T]he term 'dependent’ means any of…”
Washburn v. Am. Roofing Co., 217 N.W.2d 104 (Mich. Ct. App. 1974). “159 (now MCLA 418.353; MSA 17.237[353]). Consequently, the board ordered reduction in the benefits being paid to the plaintiff.”
Wilson v. Gen. Motors Corp., 301 N.W.2d 901 (Mich. Ct. App. 1980). “We hold that the dependency status of a stepchild under MCL 418.353(1); MSA 17.237(353)(1) is an issue of fact.”
— Mich. Comp. Laws § 418.353(1)(a) — 1 case
Wilson v. Gen. Motors Corp., 301 N.W.2d 901 (Mich. Ct. App. 1980). “We hold that the dependency status of a stepchild under MCL 418.353(1); MSA 17.237(353)(1) is an issue of fact.”
— Mich. Comp. Laws § 418.353(1)(a)(b) — 2 cases
Washburn v. Am. Roofing Co., 217 N.W.2d 104 (Mich. Ct. App. 1974). “159 (now MCLA 418.353; MSA 17.237[353]). Consequently, the board ordered reduction in the benefits being paid to the plaintiff.”
Wilson v. Gen. Motors Corp., 301 N.W.2d 901 (Mich. Ct. App. 1980). “We hold that the dependency status of a stepchild under MCL 418.353(1); MSA 17.237(353)(1) is an issue of fact.”
— Mich. Comp. Laws § 418.353(1)(a)(i) — 5 cases
Pike v. City of Wyoming, 433 N.W.2d 768 (Mich. 1988). “Pike is "conclusively presumed" a dependent, MCL 418.353(1)(a)(i); MSA 17.237(353)(1)(a)(i).”
Weems v. Chrysler Corp., 533 N.W.2d 287 (Mich. 1995). “In Pike , the Court held that MCL 418.353(1)(a)(i); MSA 17.237(353)(1)(a)(i), a provision of the worker's disability act that conclusively presumes a wife to be dependent, was also held to be unconstitutional.”
Riley v. Northland Geriatric Ctr., 433 N.W.2d 787 (Mich. 1988). “[6] While Justice BRICKLEY nominally endorses a "hybrid" rule of res judicata in workers' compensation proceedings, finality exists only until "`a subsequent petition based on changed circumstances that would not have been present at the previous litigation is filed.”
Williams v. Chrysler Corp., 406 N.W.2d 222 (Mich. Ct. App. 1987). “MCL 418.353(1)(a)(i); MSA 17.237(353)(1)(a)(i) provides that the wife of an injured employee, living with him at the time of the injury, is conclusively presumed to be dependent upon him.”
Costa v. Chrysler Corp., 394 N.W.2d 6 (Mich. Ct. App. 1986).
— Mich. Comp. Laws § 418.353(1)(a)(ii) — 3 cases
Moore v. Painting, 745 N.W.2d 816 (Mich. Ct. App. 2007). “We carefully examined the record and[,] while duly cognizant of the deference to be given to the decision of the magistrate!,] find grounds for reversal upon application of MCL 418.353 to the found facts of this case.”
Washburn v. Am. Roofing Co., 217 N.W.2d 104 (Mich. Ct. App. 1974). “159 (now MCLA 418.353; MSA 17.237[353]). Consequently, the board ordered reduction in the benefits being paid to the plaintiff.”
Moore v. Prestige Painting, 745 N.W.2d 816 (Mich. Ct. App. 2008).
— Mich. Comp. Laws § 418.353(1)(b) — 3 cases
Weems v. Chrysler Corp., 533 N.W.2d 287 (Mich. 1995). “In Pike , the Court held that MCL 418.353(1)(a)(i); MSA 17.237(353)(1)(a)(i), a provision of the worker's disability act that conclusively presumes a wife to be dependent, was also held to be unconstitutional.”
Pike v. City of Wyoming, 433 N.W.2d 768 (Mich. 1988). “Pike is "conclusively presumed" a dependent, MCL 418.353(1)(a)(i); MSA 17.237(353)(1)(a)(i).”
Scott v. Jones & Laughlin Steel Corp., 509 N.W.2d 841 (Mich. Ct. App. 1993).
— Mich. Comp. Laws § 418.353(2) — 3 cases
Washburn v. Am. Roofing Co., 217 N.W.2d 104 (Mich. Ct. App. 1974). “159 (now MCLA 418.353; MSA 17.237[353]). Consequently, the board ordered reduction in the benefits being paid to the plaintiff.”
Wilson v. Gen. Motors Corp., 301 N.W.2d 901 (Mich. Ct. App. 1980). “We hold that the dependency status of a stepchild under MCL 418.353(1); MSA 17.237(353)(1) is an issue of fact.”
Holdren v. Lease Mgmt., Inc., 233 N.W.2d 59 (Mich. Ct. App. 1975). “For purposes of determining dependency and setting the amount of compensation for total and partial incapacity, the statutory scheme is found at MCLA 418.353; MSA 17.237 (353). In pertinent part, the statute in effect at the time of the accident deemed children under 16 to be…”
— Mich. Comp. Laws § 418.353(3) — 4 cases
Black v. Gen. Motors Corp., 336 N.W.2d 28 (Mich. Ct. App. 1983). “Defendant first contends that the WCAB erred in increasing plaintiff’s benefits to reflect the addition of the three stepchildren to his household.”
Bullard v. Titus Constr. Co., 325 N.W.2d 521 (Mich. Ct. App. 1982).
Bullard v. Titus Constr. Co., 332 N.W.2d 501 (Mich. Ct. App. 1983).
Schambers v. Nat'l Redi Mix, Inc, 624 N.W.2d 572 (Mich. Ct. App. 2001).
— Mich. Comp. Laws § 418.353(b) — 1 case
Weems v. Chrysler Corp., 505 N.W.2d 905 (Mich. Ct. App. 1993).
— Mich. Comp. Laws § 418.353(l)(a) — 2 cases
Wilson v. Gen. Motors Corp., 301 N.W.2d 901 (Mich. Ct. App. 1980). “We hold that the dependency status of a stepchild under MCL 418.353(1); MSA 17.237(353)(1) is an issue of fact.”
Bullard v. Titus Constr. Co., 325 N.W.2d 521 (Mich. Ct. App. 1982).
— Mich. Comp. Laws § 418.353(l)(a)(b) — 1 case
Wilson v. Gen. Motors Corp., 301 N.W.2d 901 (Mich. Ct. App. 1980). “We hold that the dependency status of a stepchild under MCL 418.353(1); MSA 17.237(353)(1) is an issue of fact.”
— Mich. Comp. Laws § 418.353(l)(a)(i) — 4 cases
Pike v. City of Wyoming, 433 N.W.2d 768 (Mich. 1988). “Pike is "conclusively presumed" a dependent, MCL 418.353(1)(a)(i); MSA 17.237(353)(1)(a)(i).”
Riley v. Northland Geriatric Ctr., 433 N.W.2d 787 (Mich. 1988). “[6] While Justice BRICKLEY nominally endorses a "hybrid" rule of res judicata in workers' compensation proceedings, finality exists only until "`a subsequent petition based on changed circumstances that would not have been present at the previous litigation is filed.”
Williams v. Chrysler Corp., 406 N.W.2d 222 (Mich. Ct. App. 1987). “MCL 418.353(1)(a)(i); MSA 17.237(353)(1)(a)(i) provides that the wife of an injured employee, living with him at the time of the injury, is conclusively presumed to be dependent upon him.”
Schambers v. Nat'l Redi Mix, Inc, 624 N.W.2d 572 (Mich. Ct. App. 2001).
— Mich. Comp. Laws § 418.353(l)(a)(ii) — 7 cases
Moore v. Painting, 745 N.W.2d 816 (Mich. Ct. App. 2007). “We carefully examined the record and[,] while duly cognizant of the deference to be given to the decision of the magistrate!,] find grounds for reversal upon application of MCL 418.353 to the found facts of this case.”
Black v. Gen. Motors Corp., 336 N.W.2d 28 (Mich. Ct. App. 1983). “Defendant first contends that the WCAB erred in increasing plaintiff’s benefits to reflect the addition of the three stepchildren to his household.”
Holdren v. Lease Mgmt., Inc., 233 N.W.2d 59 (Mich. Ct. App. 1975). “For purposes of determining dependency and setting the amount of compensation for total and partial incapacity, the statutory scheme is found at MCLA 418.353; MSA 17.237 (353). In pertinent part, the statute in effect at the time of the accident deemed children under 16 to be…”
Moore v. Prestige Painting, 689 N.W.2d 758 (Mich. Ct. App. 2004).
Bullard v. Titus Constr. Co., 325 N.W.2d 521 (Mich. Ct. App. 1982).
— Mich. Comp. Laws § 418.353(l)(b) — 3 cases
Pike v. City of Wyoming, 433 N.W.2d 768 (Mich. 1988). “Pike is "conclusively presumed" a dependent, MCL 418.353(1)(a)(i); MSA 17.237(353)(1)(a)(i).”
Black v. Gen. Motors Corp., 336 N.W.2d 28 (Mich. Ct. App. 1983). “Defendant first contends that the WCAB erred in increasing plaintiff’s benefits to reflect the addition of the three stepchildren to his household.”
Bullard v. Titus Constr. Co., 325 N.W.2d 521 (Mich. Ct. App. 1982).
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