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

Mich. Comp. Laws § 418.358 (2026)

Reduction of benefits.

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


Act 317 of 1969


418.358 Reduction of benefits.

Sec. 358.

    Net weekly benefits payable under section 351, 361, or lump sum benefits under section 835, shall be reduced by 100% of the amount of benefits paid or payable to the injured employee under the Michigan employment security act, 1936 (Ex Sess) PA 1, MCL 421.1 to 421.75, for identical periods of time.

History: Add. 1980, Act 357, Eff. Jan. 1, 1982 ;-- Am. 2011, Act 266, Imd. Eff. Dec. 19, 2011

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 12 cases (1 in the last 5 years), 1982–2025 · leading case: Paschke v. Retool Indus., 519 N.W.2d 441 (Mich. 1994).
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Paschke v. Retool Indus., 519 N.W.2d 441 (Mich. 1994). · cites it 14× “MCL 418.358; MSA 17.237(358). As previously discussed, this provision allows a dollar-for-dollar setoff between unemployment benefits and benefits sought under worker's compensation.”
Corl v. Huron Castings, Inc., 544 N.W.2d 278 (Mich. 1996). · cites it 16× “[25] In 1980, the Legislature enacted MCL 418.358; MSA 17.237(358), [26] which requires a worker's compensation award to "be reduced by 100% of the amount of benefits paid or payable to the injured employee *635 under the Michigan employment security act .”
Franks v. White Pine Copper Div., 375 N.W.2d 715 (Mich. 1985). · cites it 8× “In the Franks case, we will consider whether an employer may apply § 358, MCL 418.358; MSA 17.237(358), of the act to reduce the amount of its liability for workers' compensation where that liability is based upon periods of disability prior to § 358's effective date of January…”
Franks v. White Pine Copper Div., Copper Range Co., 332 N.W.2d 447 (Mich. Ct. App. 1982). · cites it 2× “237(811), which, prior to 1982, provided in part: "[B]enefits derived from any other source than those paid or caused to be paid by the employer as provided in [the Worker’s Disability Compensation Act, shall not] *182 be considered in fixing the compensation under this act * *…”
Flint v. Gen. Motors Corp., 457 N.W.2d 157 (Mich. Ct. App. 1990). · cites it 4× “Defendant appeals by leave granted the December 12, 1988, opinion and order *342 of the Workers’ Compensation Appeal Board affirming the hearing referee’s decision that defendant was not entitled, under MCL 418.358; MSA 17.237(358), to reduce compensation benefits by the amount…”
Hurd v. Ford Motor Co., 377 N.W.2d 300 (Mich. 1985). “7 1980 PA 357 , amended § 358 of the workers’ compensation act, MCL 418.358; MSA 17.237(358), to provide that net weekly benefits and certain lump sum benefits shall be reduced by one hundred percent of unemployment compensation benefits paid or payable for identical periods of…”
Paschke v. Retool Indus., 499 N.W.2d 453 (Mich. Ct. App. 1993). “The fact that the Legislature has provided for credit against workers’ compensation benefits for unemployment compensation benefits previously received, MCL 418.358; MSA 17.237(358), is not inconsistent with this notion.”
Hatton v. City of Saginaw, 406 N.W.2d 871 (Mich. Ct. App. 1987). “237(354) and the unemployment compensation setoff provision in MCL 418.358; MSA 17.237(358) to workers’ compensation claimants whose injuries predated the effective date of the amendments containing those sections.”
Smith v. Michigan Bell Tel. Co., 472 N.W.2d 32 (Mich. Ct. App. 1991). “” The Appeal Board also rejected defendant’s request for a setoff for unemployment compensation benefits paid pursuant to MCL 418.358; MSA 17.237(358). The Appeal Board found that § 358 was "not applicable in this matter.”
Pye v. Chrysler Corp., 475 N.W.2d 461 (Mich. Ct. App. 1991). “458 as the coordination of benefits provision, rather than MCL 418.358; MSA 17.237(358). Plaintiff also agrees the wcab erroneously applied the rate of interest provision previously contained in MCL 418.”
Doom v. Brunswick Corp., 535 N.W.2d 244 (Mich. Ct. App. 1995). “MCL 418.358; MSA 17.237(358). Coordination would prevent the em *197 ployee from receiving a windfall.”
Christopher Kollinger v. Miller Broach Inc (Mich. Ct. App. 2025). “See MCL 418.358. Additionally, the UIA is required to inform the Michigan Workers’ Disability Compensation Agency if an employee receiving worker’s compensation benefits had received and refused a bona fide offer of reasonable employment.”
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