Michigan Compiled Laws

Mich. Comp. Laws § 418.355 (2026)

Adjustment of maximum weekly rate; computing supplemental benefit.

✓ current as of July 2026

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WORKER'S DISABILITY COMPENSATION ACT OF 1969

Act 317 of 1969

418.355 Adjustment of maximum weekly rate; computing supplemental benefit.

Sec. 355.

(1) The maximum weekly rate shall be adjusted once each year in accordance with the increase or decrease in the average weekly wage in covered employment, as determined by the Michigan employment security commission.

(2) Effective January 1, 1982, and each January 1 thereafter, the maximum weekly rate of compensation for injuries occurring within that year shall be established as 90% of the state average weekly wage as of the prior June 30, adjusted to the next higher multiple of $1.00.

(3) For the purpose of computing the supplemental benefit under section 352, the state average weekly wage for any injury year shall be the average weekly wage in covered employment determined by the Michigan employment security commission for the 12 months ending June 30 of the preceding year.

History: 1969, Act 317, Eff. Dec. 31, 1969 ;-- Am. 1980, Act 357, Eff. Jan. 1, 1982 ;-- Am. 1982, Act 32, Imd. Eff. Mar. 10, 1982

PopularName Notes:

Act 317

PopularName Notes:

Heart and Lung Act

Notes of Decisions

Cited in 45 cases, 1973–2013 · leading case: Gusler v. Fairview Tubular Prods., 315 N.W.2d 388 (Mich. 1981).

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Gusler v. Fairview Tubular Prods., 315 N.W.2d 388 (Mich. 1981). · cites it 24× “We granted leave to appeal in this case to consider whether the cost of living increases in workers' disability compensation benefits provided for in MCL 418.355; MSA 17.237(355) (hereinafter § 355) apply to the minimum as well as the maximum weekly rates for total disability as…”

Lesner v. Liquid Disposal, Inc, 643 N.W.2d 553 (Mich. 2002). · cites it 8× “Set forth in this opinion is the proper method for determining partial dependent benefits in keeping with the controlling statutory language.”

Smitter v. Thornapple Twp., 833 N.W.2d 875 (Mich. 2013). · cites it 4× “354 provides for the coordination of benefits, reducing an employer’s obligation to pay weekly wage benefits under the WDCA when an employee simultaneously receives payments in accordance with specified benefit programs.”

Lincoln v. Gen. Motors Corp., 586 N.W.2d 241 (Mich. Ct. App. 1998). · cites it 8× “237(351)(2), which reads as follows: 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…”

Riley v. Northland Geriatric Ctr., 433 N.W.2d 787 (Mich. 1988). · cites it 4× “ovember 20, 1979, this Court specifically granted leave to appeal upon the issue whether § 355 applied to the minimum as well as maximum weekly rates for total disability as available under § 351 of the WDCA: *660 The parties are directed to include among the issues to be…”

Weems v. Chrysler Corp., 533 N.W.2d 287 (Mich. 1995). · cites it 4× “" MCL 418.355(2); MSA 17.237(355)(2). This is a blanket limitation that applies to all benefits payable under the statute.”

Riley v. Northland Geriatric Ctr., 391 N.W.2d 331 (Mich. 1986). · cites it 6× “237(351) of the Workers' Disability Compensation Act are not subject to MCL 418.355; MSA 17.237(355) adjustments.”

Lincoln v. Gen. Motors Corp., 607 N.W.2d 73 (Mich. 2000). · cites it 3× “In 1968, the Legislature enacted a provision that reduces benefits by five percent each year from a person’s sixty-fifth birthday until the seventy-fifth birthday. The section took effect July 1, 1968, 5 and is now found in MCL 418.”

Gen. Motors Corp. v. Romein, 503 U.S. 181 (1992). “Mich. Comp. Laws Ann. §§418.355 (2), 418.”

Franges v. Gen. Motors Corp., 274 N.W.2d 392 (Mich. 1979). · cites it 2× “See 1969 PA 317 , § 355; MCL 418.355; MSA 17.237(355). [11] If 5 years had elapsed until the recovery and the employee had thus received benefits for 260 weeks and had three dependents, the amount saved by the employer as a result of advance payment could not exceed $8,160 over…”

Sobotka v. Chrysler Corp., 523 N.W.2d 454 (Mich. 1994). · cites it 2× “MCL 418.355; MSA 17.237(355). [6] When originally enacted in 1912, an injured worker's compensation was measured by impairment of earning capacity: The weekly loss in wages referred to in this act shall consist of such percentage of the average weekly earnings of the injured…”

Schmaltz v. Troy Metal Concepts, Inc, 673 N.W.2d 95 (Mich. 2003). · cites it 3× “361(1), he is entitled to weekly compensation equal to “80% of the difference between the injured employee’s after-tax average weekly wage before the personal injury and the after-tax average weekly wage which the injured employee is able to earn after the personal injury, but…”

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— Mich. Comp. Laws § 418.355(2) — 6 cases

Lesner v. Liquid Disposal, Inc, 643 N.W.2d 553 (Mich. 2002). “Set forth in this opinion is the proper method for determining partial dependent benefits in keeping with the controlling statutory language.”

Weems v. Chrysler Corp., 533 N.W.2d 287 (Mich. 1995). “" MCL 418.355(2); MSA 17.237(355)(2). This is a blanket limitation that applies to all benefits payable under the statute.”

Lincoln v. Gen. Motors Corp., 586 N.W.2d 241 (Mich. Ct. App. 1998). “237(351)(2), which reads as follows: 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…”

Schmaltz v. Troy Metal Concepts, Inc, 673 N.W.2d 95 (Mich. 2003). “361(1), he is entitled to weekly compensation equal to “80% of the difference between the injured employee’s after-tax average weekly wage before the personal injury and the after-tax average weekly wage which the injured employee is able to earn after the personal injury, but…”

Spencer v. Clark Twp., 368 N.W.2d 897 (Mich. Ct. App. 1985).

— Mich. Comp. Laws § 418.355(3) — 1 case

Cruz v. Chevrolet Grey Iron Div. of Gen. Motors Corp., 247 N.W.2d 764 (Mich. 1976).

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