WORKER'S DISABILITY COMPENSATION ACT OF 1969
Act 317 of 1969
418.531 Disability or death from silicosis, dust disease, employment in logging industry, or exposure to polybrominated biphenyl; reimbursement of carrier; limitation; right of funds to commence action and obtain recovery.
Sec. 531.
(1) In each case in which a carrier including a self-insurer has paid, or causes to be paid, compensation for disability or death from silicosis or other dust disease, or for disability or death arising out of and in the course of employment in the logging industry, to the employee, the carrier including a self-insurer shall be reimbursed from the silicosis, dust disease, and logging industry compensation fund for all sums paid in excess of $12,500.00 for personal injury dates before July 1, 1985, and for all compensation paid in excess of $25,000.00 or 104 weeks of weekly compensation, whichever is greater, for personal injury dates after June 30, 1985, excluding payments made pursuant to sections 315, 319, 345, and 801(2), (5), and (6) which have been paid by the carrier including a self-insurer as a portion of its liability.
(2) A benefit paid as a result of disability or death caused, contributed to, or aggravated, by previous exposure to polybrominated biphenyl shall entitle a carrier including a self-insurer to reimbursement from the silicosis, dust disease, and logging industry compensation fund pursuant to this act, if the exposure occurred before July 24, 1979, and arose out of and in the course of employment by an employer located in this state engaged in the manufacture of polybrominated biphenyl. To be reimbursable, the disability or death shall have occurred or become known after July 24, 1979.
(3) All of the funds under this chapter shall have a right to commence an action and obtain recovery under section 827.
History: 1969, Act 317, Eff. Dec. 31, 1969 ;-- Am. 1979, Act 62, Imd. Eff. July 24, 1979 ;-- Am. 1980, Act 357, Eff. Jan. 1, 1982 ;-- Am. 1982, Act 32, Imd. Eff. Mar. 10, 1982 ;-- Am. 1984, Act 98, Imd. Eff. May 8, 1984 ;-- Am. 1994, Act 97, Imd. Eff. Apr. 13, 1994
PopularName Notes:
Act 317
Notes of Decisions
Jager v. Rostagno Trucking Co., 728 N.W.2d 467 (Mich. Ct. App. 2006).
· cites it 6× “, and Accident Fund Insurance Company of America appeal by leave granted an order of the Workers’ Compensation Appellate Commission (WCAC) that reversed the magistrate’s decision to grant the Accident Fund reimbursement from defendant-appellee Silicosis, Dust Disease, and…”
Caylos Johnson v. Eaton Corp., 970 F.2d 1569 (6th Cir. 1992).
· cites it 2× “Mich.Comp.Laws Ann. § 418.531. In order to spread the cost of certain occupational diseases, the fund exacts annual premiums, or “assessments,” from all workers’ compensation carriers and all private self-insured employers in the state — even those employers whose workers are…”
Jager v. Rostagno Trucking Co., Inc., 728 N.W.2d 467 (Mich. Ct. App. 2007).
· cites it 6× “, and Accident Fund Insurance Company of America appeal by leave granted an order of the Workers' Compensation Appellate Commission (WCAC) that reversed the magistrate's decision to grant the Accident Fund reimbursement from defendant-appellee Silicosis, Dust Disease, and…”
Nelligan v. Gibson Insulation Co., 483 N.W.2d 460 (Mich. Ct. App. 1992).
· cites it 4× “50 received by Gibson from the plaintiffs third-party recovery was to be considered in determining whether the employer had paid the statutory threshold of $12,500 to the employee, triggering the fund’s obligation to reimburse the employer for any additional payments pursuant to…”
Abbey v. Campbell, Wyant & Cannon Foundry, 486 N.W.2d 131 (Mich. Ct. App. 1992).
· cites it 5× “The magistrate ruled in favor of the fund in a decision issued on March 31, 1989, that under MCL 418.531; MSA 17.237(531) and MCL 418.”
Sokolek v. Gen. Motors Corp., 450 Mich. 133 (Mich. 1995).
· cites it 2× “The Court of Appeals reasoned: The pertinent inquiry that must be made in the present case is what event or circumstances triggers the application of MCL 418.531(3); MSA 17.237(531)(3). Plaintiff contends that the date of the injury is the crucial event, while the fund asserts…”
Carter v. Lakey Foundry Corp., 324 N.W.2d 622 (Mich. Ct. App. 1982).
· cites it 2× “Section 418.531 is applicable, and the Silicosis and Dust Disease Fund shall make reimbursement as provided therein.”
Stottlemeyer v. Gen. Motors Corp., 250 N.W.2d 486 (Mich. 1977).
“1969 PA 317 , imd eff August 19, repealed those provisions but created MCLA 418.531; MSA 17.237(531) which reads: "In all cases in which any carrier shall have paid or cause to be paid, compensation for disability or death from silicosis or other dust disease either to the…”
Shoup v. Johns-Manville Sales Corp., 369 N.W.2d 470 (Mich. Ct. App. 1985).
· cites it 3× “By 1984 PA 98 , which took effect immediately upon passage May 7, 1984, MCL 418.531; MSA 17.237(531) was amended to include: "All of the funds under this chapter shall have a right to commence an action and obtain recovery under section 827 [MCL 418.”
Grogan v. Manistique Papers, Inc., 397 N.W.2d 825 (Mich. Ct. App. 1986).
· cites it 5× “On October 19, 1984, the Second Injury Fund filed a motion to intervene in the plaintiff’s action, alleging that it possessed a lien against plaintiff’s settlement pursuant to the recently amended MCL 418.531; MSA 17.237(531). Subsection 3 of the amended statute became effective…”
— Mich. Comp. Laws § 418.531(1) — 11 cases
Jager v. Rostagno Trucking Co., 728 N.W.2d 467 (Mich. Ct. App. 2006).
“, and Accident Fund Insurance Company of America appeal by leave granted an order of the Workers’ Compensation Appellate Commission (WCAC) that reversed the magistrate’s decision to grant the Accident Fund reimbursement from defendant-appellee Silicosis, Dust Disease, and…”
Jager v. Rostagno Trucking Co., Inc., 728 N.W.2d 467 (Mich. Ct. App. 2007).
“, and Accident Fund Insurance Company of America appeal by leave granted an order of the Workers' Compensation Appellate Commission (WCAC) that reversed the magistrate's decision to grant the Accident Fund reimbursement from defendant-appellee Silicosis, Dust Disease, and…”
Nelligan v. Gibson Insulation Co., 483 N.W.2d 460 (Mich. Ct. App. 1992).
“50 received by Gibson from the plaintiffs third-party recovery was to be considered in determining whether the employer had paid the statutory threshold of $12,500 to the employee, triggering the fund’s obligation to reimburse the employer for any additional payments pursuant to…”
Abbey v. Campbell, Wyant & Cannon Foundry, 486 N.W.2d 131 (Mich. Ct. App. 1992).
“The magistrate ruled in favor of the fund in a decision issued on March 31, 1989, that under MCL 418.531; MSA 17.237(531) and MCL 418.”
— Mich. Comp. Laws § 418.531(3) — 7 cases
Sokolek v. Gen. Motors Corp., 450 Mich. 133 (Mich. 1995).
“The Court of Appeals reasoned: The pertinent inquiry that must be made in the present case is what event or circumstances triggers the application of MCL 418.531(3); MSA 17.237(531)(3). Plaintiff contends that the date of the injury is the crucial event, while the fund asserts…”
Nelligan v. Gibson Insulation Co., 483 N.W.2d 460 (Mich. Ct. App. 1992).
“50 received by Gibson from the plaintiffs third-party recovery was to be considered in determining whether the employer had paid the statutory threshold of $12,500 to the employee, triggering the fund’s obligation to reimburse the employer for any additional payments pursuant to…”
Grogan v. Manistique Papers, Inc., 397 N.W.2d 825 (Mich. Ct. App. 1986).
“On October 19, 1984, the Second Injury Fund filed a motion to intervene in the plaintiff’s action, alleging that it possessed a lien against plaintiff’s settlement pursuant to the recently amended MCL 418.531; MSA 17.237(531). Subsection 3 of the amended statute became effective…”
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