WORKER'S DISABILITY COMPENSATION ACT OF 1969
Act 317 of 1969
418.431 Employer's liability; conditions exempting and limiting.
Sec. 431.
No compensation shall be payable for an occupational disease if the employee at the time of entering into the employment of the employer by whom the compensation would otherwise be payable, or thereafter, wilfully and falsely represents in writing that he has not previously suffered from the disease which is the cause of the disability or death. Where an occupational disease is aggravated by any other disease or infirmity, not itself compensable, or where disability or death from any other cause, not itself compensable, is aggravated, prolonged, accelerated or in any way contributed to by an occupational disease, the compensation payable shall be a proportion only of the compensation that would be payable if the occupational disease were the sole cause of the disability or death as such occupational disease, as a causative factor, bearing to all the causes of such disability or death, such reduction in compensation to be effected by reducing the number of weekly payments or the amounts of such payments, as under the circumstances of the particular case may be for the best interest of the claimant or claimants.
History: 1969, Act 317, Eff. Dec. 31, 1969
PopularName Notes:
Act 317
Notes of Decisions
Dressler v. Grand Rapids Die Casting Corp., 262 N.W.2d 629 (Mich. 1978).
· cites it 9× “gan Plating aggravated his back condition to the point of total disability rather than finding his disability resulted from a fall during his earlier employment with Grand Rapids Die Casting Corporation, and (2) was plaintiff suffering from an occupational disease prior to *248…”
Sanchez v. Eagle Alloy, Inc., 658 N.W.2d 510 (Mich. Ct. App. 2003).
· cites it 3× “In Dressier v Grand Rapids Die Casting Corp, 402 Mich 243, 257 ; 262 NW2d 629 (1978), where the plaintiff misrepresented his preexisting health condition in applying for employment but did not suffer from an occupational disease, see MCL 418.431, the Court held the following:…”
Morrison v. Burlington Indus., 282 S.E.2d 458 (N.C. 1981).
· cites it 2× “Mich.Comp.Laws Ann. §§ 418.431, 418.535. [11] Maine's compensation statutes also employ the "resulting from" language in its total and partial incapacity statutes.”
Derwinski v. Eureka Tire Co., 286 N.W.2d 672 (Mich. 1979).
· cites it 2× “237[415]), 431 (MCL 418.431; MSA 17.237[431]), and 441 (MCL 418.”
Kingery v. Ford Motor Co., 323 N.W.2d 318 (Mich. Ct. App. 1982).
· cites it 2× “The WCAB modified the administrative law judge’s decision by determining that MCL 418.431; MSA 17.237(431) was inapplicable.”
Fox v. Detroit Plastic Molding & Corp. Serv., 308 N.W.2d 633 (Mich. Ct. App. 1981).
· cites it 2× “As such, defendant contends that it is entitled to apportion benefits between plaintiffs "occupationally related heart condition” and his "nonoccupational diabetes and nonoccupational hypertension” pursuant to MCL 418.431; MSA 17.237(431). The question we are called upon to…”
Leach v. Detroit Health Corp., 402 N.W.2d 38 (Mich. Ct. App. 1986).
· cites it 2× “The wcab specifically found that plaintiff had demonstrated by a preponderance of the evidence that his employment with defendant Chrysler aggravated his back condition.”
Hahn v. Sarah Coventry, Inc., 296 N.W.2d 36 (Mich. Ct. App. 1980).
“Schneck’s depositional testimony to the effect that plaintiff’s "paroxysmal tachycardia” was totally unrelated to the stresses of her job.”
DeVores v. Ford Motor Co., 429 N.W.2d 900 (Mich. Ct. App. 1988).
· cites it 4× “One member of the board concluded that, while plaintiff would otherwise be entitled to benefits because the work activities at defendant’s plant contributed to his disability, plaintiff was precluded from recovery because he falsely represented his prior disabling condition.”
Acox v. Gen. Motors Corp., 481 N.W.2d 749 (Mich. Ct. App. 1991).
“In the hearing before the referee, defendant contended that plaintiff’s failure to inform defendant of her lung condition on the employment form at the time she was hired should bar plaintiff from benefits under MCL 418.431; MSA 17.237(431). The hearing referee held that…”
Morgan v. Win Schuler's Restaurant, 234 N.W.2d 885 (Mich. Ct. App. 1975).
“237(431) provides as follows: "No compensation shall be payable for an occupational disease if the employee at the time of entering into the employment of the employer by whom the compensation would otherwise be payable, or thereafter, wilfully and falsely represents in writing…”
Ford v. Monroe Steel Castings Co., 358 N.W.2d 12 (Mich. Ct. App. 1984).
· cites it 3× “The sole issue on appeal is whether the WCAB erred in denying defendant’s request for a proportionate reduction in the amount of death benefits payable to plaintiff Lilah Ford for the death of her husband, Clifford Ford, pursuant to MCL 418.431; MSA 17.237(431). Defendant argues…”
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