WORKER'S DISABILITY COMPENSATION ACT OF 1969
Act 317 of 1969
418.381 Claim for compensation; time limit; extension of time period; payment for nursing or attendant care; compliance.
Sec. 381.
(1) A proceeding for compensation for an injury under this act shall not be maintained unless a claim for compensation for the injury, which claim may be either oral or in writing, has been made to the employer or a written claim has been made to the agency either electronically, as prescribed by the director, or on forms prescribed by the director, within 2 years after the occurrence of the injury. In case of the death of the employee, the claim shall be made within 2 years after death. The employee shall provide a notice of injury to the employer within 90 days after the happening of the injury, or within 90 days after the employee knew, or should have known, of the injury. Failure to give such notice to the employer shall be excused unless the employer can prove that he or she was prejudiced by the failure to provide such notice. In the event of physical or mental incapacity of the employee, the notice and claim shall be made within 2 years from the time the injured employee is not physically or mentally incapacitated from making the claim. A claim shall not be valid or effectual for any purpose under this chapter unless made within 2 years after the later of the date of injury, the date disability manifests itself, or the last day of employment with the employer against whom claim is being made. If an employee claims benefits for a work injury and is thereafter compensated for the disability by worker's compensation or benefits other than worker's compensation, or is provided favored work by the employer because of the disability, the period of time within which a claim shall be made for benefits under this act shall be extended by the time during which the benefits are paid or the favored work is provided.
(2) Except as provided in subsection (3), if any compensation is sought under this act, payment shall not be made for any period of time earlier than 2 years immediately preceding the date on which the employee filed an application for a hearing with the agency.
(3) Payment for nursing or attendant care shall not be made for any period which is more than 1 year before the date an application for a hearing is filed with the agency.
(4) The receipt by an employee of any other occupational or nonoccupational benefit does not suspend the duty of the employee to comply with this section, except under the circumstances described in subsection (1).
History: 1969, Act 317, Eff. Dec. 31, 1969 ;-- Am. 1980, Act 357, Eff. Jan. 1, 1982 ;-- Am. 1981, Act 197, Eff. Jan. 1, 1982 ;-- Am. 1982, Act 32, Imd. Eff. Mar. 10, 1982 ;-- Am. 1985, Act 103, Imd. Eff. July 30, 1985 ;-- Am. 2011, Act 266, Imd. Eff. Dec. 19, 2011
Compiler's Notes:
For legislative intent as to severability, see Compiler's note to MCL 418.213.
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
Howard v. Gen. Motors Corp., 399 N.W.2d 10 (Mich. 1986).
· cites it 16× “The Court of Appeals summarized the evidence presented to the hearing referee: Plaintiff commenced his employment with defendant at its Fisher Body plant in Grand Blanc on April 23, 1953, and, in October, 1956, he began to work as a die setter.”
Franks v. White Pine Copper Div., 375 N.W.2d 715 (Mich. 1985).
· cites it 6× “In addition, the board, sua sponte, reversed that portion of the hearing referee's order directing that payment for plaintiff's partial disability should begin as of August 2, 1977, and ordered computation of payment due from the time claimant returned to work in 1971.”
Reed v. Yackell, 703 N.W.2d 1 (Mich. 2005).
· cites it 2× “For the purposes of MCL 418.381(1), [25] the bureau shall treat Reed's claim for benefits as having been filed on December 10, 1998, the date he filed his complaint in the circuit court.”
Sokolek v. Gen. Motors Corp., 450 Mich. 133 (Mich. 1995).
· cites it 8× “[MCL 418.381(3); MSA 17.237(381)(3).] The WCAB found that the amendment did not apply to injuries that occurred before July 30, 1985.”
Maglothin v. Tryco Steel Corp., 357 N.W.2d 914 (Mich. Ct. App. 1984).
· cites it 8× “The Second Injury Fund does not contest the WCAB's finding as to plaintiff's eligibility for differential benefits, but contends (1) that such differential benefits are *645 limited by the two-year-back rule of MCL 418.381(2); MSA 17.237(381)(2) and (2) that the WCAB erred in…”
Lincoln v. Gen. Motors Corp., 586 N.W.2d 241 (Mich. Ct. App. 1998).
· cites it 4× “§ 418.381(2); MSA 17.237(381)(2), is inapplicable where the plaintiff has been receiving total and permanent disability benefits for an injury received before July 1, 1968.”
Bailey v. Oakwood Hosp. & Med. Ctr., 698 N.W.2d 374 (Mich. 2005).
· cites it 4× “§ 418.381. [11] *383 For example, a certified vocationally disabled employee could suffer what appears to be a minor injury at work.”
Rahman v. Detroit Bd. of Educ., 627 N.W.2d 41 (Mich. Ct. App. 2001).
· cites it 4× “224623, plaintiff cross appeals by leave granted the wcac’s decision concluding that the two-year-back rule, MCL 418.381(2), applied to plaintiff’s claim for benefits.”
Lincoln v. Gen. Motors Corp., 607 N.W.2d 73 (Mich. 2000).
· cites it 2× “237(833)(1), the two-year-back rule of MCL 418.381(2); MSA 17.237(381)(2), and the belief that Wozniak I should not be applied for the benefit of Eva King people who did not seek the disputed benefits until after Wozniak I was decided.”
Ramos v. Prod. Steel Co., 273 N.W.2d 578 (Mich. Ct. App. 1978).
· cites it 6× “MCL 418.381; MSA 17.237(381) provides that in order to maintain an action for worker's compensation benefits an employee must give his employer notice of an injury within three months of its occurrence.”
Kosiel v. Arrow Liquors Corp., 521 N.W.2d 531 (Mich. 1994).
· cites it 2× “237(833)(1), or by the two-year-back rule, MCL 418.381(2); MSA 17.237(381)(2), as amended by 1980 PA 357 .”
— Mich. Comp. Laws § 418.381(1) — 18 cases
Reed v. Yackell, 703 N.W.2d 1 (Mich. 2005).
“For the purposes of MCL 418.381(1), [25] the bureau shall treat Reed's claim for benefits as having been filed on December 10, 1998, the date he filed his complaint in the circuit court.”
Ramos v. Prod. Steel Co., 273 N.W.2d 578 (Mich. Ct. App. 1978).
“MCL 418.381; MSA 17.237(381) provides that in order to maintain an action for worker's compensation benefits an employee must give his employer notice of an injury within three months of its occurrence.”
— Mich. Comp. Laws § 418.381(2) — 30 cases
Franks v. White Pine Copper Div., 375 N.W.2d 715 (Mich. 1985).
“In addition, the board, sua sponte, reversed that portion of the hearing referee's order directing that payment for plaintiff's partial disability should begin as of August 2, 1977, and ordered computation of payment due from the time claimant returned to work in 1971.”
Howard v. Gen. Motors Corp., 399 N.W.2d 10 (Mich. 1986).
“The Court of Appeals summarized the evidence presented to the hearing referee: Plaintiff commenced his employment with defendant at its Fisher Body plant in Grand Blanc on April 23, 1953, and, in October, 1956, he began to work as a die setter.”
Maglothin v. Tryco Steel Corp., 357 N.W.2d 914 (Mich. Ct. App. 1984).
“The Second Injury Fund does not contest the WCAB's finding as to plaintiff's eligibility for differential benefits, but contends (1) that such differential benefits are *645 limited by the two-year-back rule of MCL 418.381(2); MSA 17.237(381)(2) and (2) that the WCAB erred in…”
Lincoln v. Gen. Motors Corp., 586 N.W.2d 241 (Mich. Ct. App. 1998).
“§ 418.381(2); MSA 17.237(381)(2), is inapplicable where the plaintiff has been receiving total and permanent disability benefits for an injury received before July 1, 1968.”
Rahman v. Detroit Bd. of Educ., 627 N.W.2d 41 (Mich. Ct. App. 2001).
“224623, plaintiff cross appeals by leave granted the wcac’s decision concluding that the two-year-back rule, MCL 418.381(2), applied to plaintiff’s claim for benefits.”
— Mich. Comp. Laws § 418.381(3) — 5 cases
Sokolek v. Gen. Motors Corp., 450 Mich. 133 (Mich. 1995).
“[MCL 418.381(3); MSA 17.237(381)(3).] The WCAB found that the amendment did not apply to injuries that occurred before July 30, 1985.”
Howard v. Gen. Motors Corp., 399 N.W.2d 10 (Mich. 1986).
“The Court of Appeals summarized the evidence presented to the hearing referee: Plaintiff commenced his employment with defendant at its Fisher Body plant in Grand Blanc on April 23, 1953, and, in October, 1956, he began to work as a die setter.”
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