WORKER'S DISABILITY COMPENSATION ACT OF 1969
Act 317 of 1969
418.521 Second injury fund; payments reimbursable.
Sec. 521.
(1) If an employee has a permanent disability in the form of the loss of a hand, arm, foot, leg or eye and subsequently has an injury arising out of and in the course of his employment which results in another permanent disability in the form of the loss of a hand, arm, foot, leg or eye, at the conclusion of payments made for the second permanent disability he shall be conclusively presumed to be totally and permanently disabled and paid compensation for total and permanent disability after subtracting the number of weeks of compensation received by the employee for both such losses. The payment of compensation under this section shall be made by the second injury fund, and shall begin at the conclusion of the payments for the second permanent disability.
(2) Any permanently and totally disabled person as defined in this act, if such total and permanent disability arose out of and in the course of his employment, who, on and after June 25, 1955, is entitled to receive payments of workmen's compensation in amounts per week of less than is presently provided in the workmen's compensation schedule of benefits for permanent and total disability, and for a lesser number of weeks than the duration of such permanent and total disability, after the effective date of any amendatory act by which his disability is defined as permanent and total disability, or by which the weekly benefits for permanent and total disability are increased, shall receive weekly from the carrier on behalf of the second injury fund differential benefits equal to the difference between what he is now or shall hereafter be entitled to receive from his employer under the provisions of this act as the same was in effect at the time of his injury, and the amounts now provided for his permanent and total disability by this or any other amendatory act, with appropriate application of the provisions of sections 351 to 359. Such payments shall continue after the period for which the person is otherwise entitled to compensation under this act for the duration of the permanent and total disability. Any payments so made by a carrier pursuant to this section shall be reimbursed to the carrier by the second injury fund as provided in this chapter.
(3) Any person who prior to July 1, 1968, has been receiving or is entitled to receive benefits from the second injury fund pursuant to any prior provisions of the workmen's compensation law shall continue to receive or be entitled to receive such benefits from such fund which shall be paid directly to him from such fund unless such payments are paid in accordance with an agreement made pursuant to section 541.
(4) If any carrier is unable to make the payments on behalf of the fund as provided for herein, the trustees of the second injury fund may make the payments directly to the permanently and totally disabled employee.
(5) The obligation imposed by this section on a carrier to make payments on behalf of the second injury fund shall not impose an independent liability on the carrier nor obligate the carrier to make payments on behalf of the fund if the carrier does not have a separate obligation to make payments of compensation simultaneously to the permanently and totally disabled employee.
History: 1969, Act 317, Eff. Dec. 31, 1969
PopularName Notes:
Act 317
Notes of Decisions
Lincoln v. Gen. Motors Corp., 586 N.W.2d 241 (Mich. Ct. App. 1998).
· cites it 8× “§ 418.521(1); MSA 17.237(521)(1). As Welch explains: This section provides that if a worker has lost a hand, arm, foot, leg, or eye, and subsequently loses another as the result of an industrial injury, the employer must pay benefits only for the specific loss.”
White v. Weinberger Builders, Inc., 242 N.W.2d 427 (Mich. 1976).
· cites it 4× “Payments from this second injury fund shall continue after the period for which any such person is otherwise entitled to compensation under this act for the duration of such permanent and total disability according to the full rate provided in the schedule of benefits.”
Hoste v. Shanty Creek Mgmt., Inc, 592 N.W.2d 360 (Mich. 1999).
· cites it 2× “§ 418.521(2); MSA 17.237(521)(2) applies in the case of a claimant who is totally and permanently disabled.”
Hakala v. Burroughs Corp., 249 N.W.2d 20 (Mich. 1976).
· cites it 6× “The corrected eyesight would not affect the ability to work and one of the injuries specified in MCLA 418.521; MSA 17.237(521) would relieve the employer of his obligation to pay full benefits.”
Kincaid v. Detroit Mut. Ins., 429 N.W.2d 595 (Mich. 1988).
· cites it 8× “237(352)(1), refer only to the amount of weekly compensation payable *442 as the obligation of the employer, and the words do not refer to or include the amount of differential benefits payable pursuant to § 521, MCL 418.521; MSA 17.237(521), as the obligation of the Second…”
Simkins v. Gen. Motors Corp., 556 N.W.2d 839 (Mich. 1996).
· cites it 2× “, he is eligible to receive the difference between what he would receive from his employer under law at the time the injury occurred and the benefits the employee would receive as now provided under current law for such a disability.”
Nulf v. Browne-Morse Co., 256 N.W.2d 591 (Mich. Ct. App. 1977).
· cites it 7× “Defendant Second Injury Fund appeals by leave granted from a February 26, 1976 order of the Workmen’s Compensation Appeal Board affirming a September 28, 1972 referee’s decision which awarded plaintiff differential benefits and total and permanent disability benefits pursuant to…”
Cain v. Waste Mgmt., Inc, 638 N.W.2d 98 (Mich. 2002).
· cites it 2× “The Court held that the question of entitlement to Second Iqjury Fund benefits must be determined by reference to the statutory language creating those benefits found in MCL 418.521; MSA 17.237(521), which requires a determination of whether the employee has suffered a…”
Hartsell v. Richmond Lumber Co., 398 N.W.2d 456 (Mich. Ct. App. 1986).
· cites it 2× “…by work in excess of restrictions subsequent to 1965, only the Second Injury Fund could have been found liable. See MCL 418.521; MSA 17.237(521).”
Nulf v. Browne-Morse Co, 262 N.W.2d 664 (Mich. 1978).
· cites it 10× “237(361)(1). Defendant Second Injury Fund denied liability for payment of differential benefits and total and permanent disability compensation under the provisions of MCLA 418.”
Martin v. Ford Motor Co., 258 N.W.2d 465 (Mich. 1977).
· cites it 2× “237(355) (adjustments in the maximum weekly rate of compensation), and MCLA 418.521(2); MSA 17.237(521)(2) (payments by the Second Injury Fund).”
Lincoln v. Gen. Motors Corp., 607 N.W.2d 73 (Mich. 2000).
“237(351)(1), was in effect at the time the plaintiff *485 became disabled. 1 After the eight hundred weeks had passed, he continued to collect basic weekly benefits from his employer, and also differential benefits from the Second Injury Fund (SIF), as now provided in MCL 418.”
— Mich. Comp. Laws § 418.521(1) — 14 cases
Lincoln v. Gen. Motors Corp., 586 N.W.2d 241 (Mich. Ct. App. 1998).
“§ 418.521(1); MSA 17.237(521)(1). As Welch explains: This section provides that if a worker has lost a hand, arm, foot, leg, or eye, and subsequently loses another as the result of an industrial injury, the employer must pay benefits only for the specific loss.”
Hakala v. Burroughs Corp., 249 N.W.2d 20 (Mich. 1976).
“The corrected eyesight would not affect the ability to work and one of the injuries specified in MCLA 418.521; MSA 17.237(521) would relieve the employer of his obligation to pay full benefits.”
Nulf v. Browne-Morse Co., 256 N.W.2d 591 (Mich. Ct. App. 1977).
“Defendant Second Injury Fund appeals by leave granted from a February 26, 1976 order of the Workmen’s Compensation Appeal Board affirming a September 28, 1972 referee’s decision which awarded plaintiff differential benefits and total and permanent disability benefits pursuant to…”
— Mich. Comp. Laws § 418.521(2) — 27 cases
Hoste v. Shanty Creek Mgmt., Inc, 592 N.W.2d 360 (Mich. 1999).
“§ 418.521(2); MSA 17.237(521)(2) applies in the case of a claimant who is totally and permanently disabled.”
Lincoln v. Gen. Motors Corp., 586 N.W.2d 241 (Mich. Ct. App. 1998).
“§ 418.521(1); MSA 17.237(521)(1). As Welch explains: This section provides that if a worker has lost a hand, arm, foot, leg, or eye, and subsequently loses another as the result of an industrial injury, the employer must pay benefits only for the specific loss.”
Simkins v. Gen. Motors Corp., 556 N.W.2d 839 (Mich. 1996).
“, he is eligible to receive the difference between what he would receive from his employer under law at the time the injury occurred and the benefits the employee would receive as now provided under current law for such a disability.”
White v. Weinberger Builders, Inc., 242 N.W.2d 427 (Mich. 1976).
“Payments from this second injury fund shall continue after the period for which any such person is otherwise entitled to compensation under this act for the duration of such permanent and total disability according to the full rate provided in the schedule of benefits.”
Kincaid v. Detroit Mut. Ins., 429 N.W.2d 595 (Mich. 1988).
“237(352)(1), refer only to the amount of weekly compensation payable *442 as the obligation of the employer, and the words do not refer to or include the amount of differential benefits payable pursuant to § 521, MCL 418.521; MSA 17.237(521), as the obligation of the Second…”
— Mich. Comp. Laws § 418.521(3) — 2 cases
Lincoln v. Gen. Motors Corp., 586 N.W.2d 241 (Mich. Ct. App. 1998).
“§ 418.521(1); MSA 17.237(521)(1). As Welch explains: This section provides that if a worker has lost a hand, arm, foot, leg, or eye, and subsequently loses another as the result of an industrial injury, the employer must pay benefits only for the specific loss.”
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