WORKER'S DISABILITY COMPENSATION ACT OF 1969
Act 317 of 1969
418.375 Death of injured employee; death benefits in lieu of further disability indemnity.
Sec. 375.
(1) The death of the injured employee before the expiration of the period within which he or she would receive weekly payments shall be considered to end the disability and all liability for the remainder of such payments which he or she would have received in case he or she had lived shall be terminated, but the employer shall thereupon be liable for the following death benefits in lieu of any further disability indemnity.
(2) If the injury received by such employee was the proximate cause of his or her death, and the deceased employee leaves dependents, as hereinbefore specified, wholly or partially dependent on him or her for support, the death benefit shall be a sum sufficient, when added to the indemnity which at the time of death has been paid or becomes payable under the provisions of this act to the deceased employee, to make the total compensation for the injury and death exclusive of medical, surgical, hospital services, medicines, and rehabilitation services, and expenses furnished as provided in sections 315 and 319, equal to the full amount which such dependents would have been entitled to receive under the provisions of section 321, in case the injury had resulted in immediate death. Such benefits shall be payable in the same manner as they would be payable under the provisions of section 321 had the injury resulted in immediate death.
(3) If an application for benefits has been filed but has not been decided by a worker's compensation magistrate, or on appeal and the claimant dies from a cause unrelated to his or her injury, the proceedings shall not abate but may be continued in the name of his or her personal representative. In such case, the benefits payable up to time of death shall be paid to the same beneficiaries and in the same amounts as would have been payable if the employee had suffered a compensable injury resulting in death.
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 52× “MCL 418.375(1). However, under MCL 418.375(2), in lieu of such weekly payments to the employee, the employer is required *225 to pay death benefits pursuant to MCL 418.”
Hagerman v. Gencorp Auto., 579 N.W.2d 347 (Mich. 1998).
· cites it 8× “§ 418.375; M.S.A. § 17.237(375) provides in relevant part: (1) The death of the injured employee before the expiration of the period within which he or she would receive weekly payments shall be considered to end the disability and all liability for the remainder of such…”
Lesner v. Liquid Disposal, Inc, 643 N.W.2d 553 (Mich. 2002).
· cites it 4× “375], in 1 of the methods provided in this section, to the dependents of the employee who were wholly dependent *556 upon the employee's earnings for support at the time of the injury, a weekly payment equal to 80% of the employee's after-tax average weekly wage, subject to the…”
In re AJR, 834 N.W.2d 904 (Mich. Ct. App. 2013).
· cites it 2× “Our interpretation is supported by Paige v Sterling Hts, 476 Mich 495 ; 720 NW2d 219 (2006), in which our Supreme Court interpreted the use of “the” in the phrase “the proximate cause” found in MCL 418.”
Civil Serv. Comm'n v. Dep't of Labor, 384 N.W.2d 728 (Mich. 1986).
· cites it 2× “These statistics were provided by the chief administrative law judge for Minnesota, who is conducting a survey under the auspices of the Executive Committee of the National Conference of ALJS and the Commission on Standards of Judicial Administration.”
Hagerman v. Gencorp Auto., 553 N.W.2d 623 (Mich. Ct. App. 1996).
· cites it 4× “§ 418.375(2); M.S.A. § 17.237(375)(2), applies in this case, even though there was no adjudication of worker's compensation liability before the death of plaintiff's husband.”
Kroll v. Hyster Co., 247 N.W.2d 561 (Mich. 1976).
· cites it 2× “If the employee dies not immediately following the injury, and the injury was the proximate cause of death, the insurer might be liable for a period of 500 weeks under MCLA 418.375; MSA 17.237(375) and MCLA 418.”
Barnes v. Campbell, Wyant & Cannon Foundry Co., 469 N.W.2d 7 (Mich. Ct. App. 1991).
· cites it 4× “The board expressly declined to follow Noble v Ford Motor Co, 152 Mich App 622 ; 394 NW2d 50 (1986), which applied the more stringent causation standard of §375 of the act, MCL 418.375; MSA 17.237(375). The wcab found, as had the referee, that Barnes’ occupational lung disease…”
Hagerman v. Gencorp Auto., 531 N.W.2d 832 (Mich. Ct. App. 1995).
“Although the causation standard in worker’s compensation cases is generally lax, defendant argued that in this case causation is governed by § 375 of the Worker’s Disability Compensation Act, MCL 418.375; MSA 17.237(375), which provides: (1) The death of the injured employee…”
— Mich. Comp. Laws § 418.375(1) — 1 case
Paige v. City of Sterling Heights, 720 N.W.2d 219 (Mich. 2006).
“MCL 418.375(1). However, under MCL 418.375(2), in lieu of such weekly payments to the employee, the employer is required *225 to pay death benefits pursuant to MCL 418.”
— Mich. Comp. Laws § 418.375(2) — 8 cases
Paige v. City of Sterling Heights, 720 N.W.2d 219 (Mich. 2006).
“MCL 418.375(1). However, under MCL 418.375(2), in lieu of such weekly payments to the employee, the employer is required *225 to pay death benefits pursuant to MCL 418.”
Hagerman v. Gencorp Auto., 579 N.W.2d 347 (Mich. 1998).
“§ 418.375; M.S.A. § 17.237(375) provides in relevant part: (1) The death of the injured employee before the expiration of the period within which he or she would receive weekly payments shall be considered to end the disability and all liability for the remainder of such…”
In re AJR, 834 N.W.2d 904 (Mich. Ct. App. 2013).
“Our interpretation is supported by Paige v Sterling Hts, 476 Mich 495 ; 720 NW2d 219 (2006), in which our Supreme Court interpreted the use of “the” in the phrase “the proximate cause” found in MCL 418.”
— Mich. Comp. Laws § 418.375(3) — 1 case
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