Michigan Compiled Laws

Mich. Comp. Laws § 418.535 (2026)

Disability caused by combination of causes; apportionment; reimbursement of employer.

✓ current as of July 2026

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WORKER'S DISABILITY COMPENSATION ACT OF 1969

Act 317 of 1969

418.535 Disability caused by combination of causes; apportionment; reimbursement of employer.

Sec. 535.

If an employee's disability is caused by a combination of silicosis or other dust disease, or arose in the course of employment in the logging industry, and other compensable causes, a worker's compensation magistrate shall apportion the amount of disability between that due to silicosis or other dust disease, or to employment in the logging industry, and other compensable causes. The trustees of the silicosis, dust disease, and logging industry compensation fund shall reimburse the employer liable for compensation for that portion of compensation 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, that the silicosis or other dust disease disability, or disability arising out of and in the course of employment in the logging industry, bears to the total disability.

History: 1969, Act 317, Eff. Dec. 31, 1969 ;-- Am. 1980, Act 357, Eff. Jan. 1, 1982 ;-- Am. 1984, Act 99, Imd. Eff. May 8, 1984 ;-- 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

Notes of Decisions

Cited in 6 cases, 1973–1992 · leading case: Abbey v. Campbell, Wyant & Cannon Foundry, 486 N.W.2d 131 (Mich. Ct. App. 1992).

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Abbey v. Campbell, Wyant & Cannon Foundry, 486 N.W.2d 131 (Mich. Ct. App. 1992). · cites it 4× “237(531) and MCL 418.535; MSA 17.237(535) Aetna and Campbell must pay $50,340.”

Carter v. Lakey Foundry Corp., 324 N.W.2d 622 (Mich. Ct. App. 1982). “435 I apportion liability as follows: 1.73% Cuyahoga and 98.27% Lakey. The Self-Insurers’ Security Fund shall reimburse Liberty 98.”

Goodman v. Bay Castings Div. of Gulf & W. Indus., 212 N.W.2d 799 (Mich. Ct. App. 1973). “MCLA 418.535; MSA 17.237(535) provides: "Sec.”

Cotton v. Campbell, Wyant & Cannon Foundry, 225 N.W.2d 187 (Mich. Ct. App. 1974). “237(435), MCLA 418.535; MSA 17.237(535), and it has given hearing referees the authority to determine whether such combined causality exists.”

Thumser v. Lakey Foundry Corp., 269 N.W.2d 583 (Mich. Ct. App. 1978). · cites it 3× “MCL 418.535; MSA 17.237(535). Also, the statute would not apply in that plaintiffs second injury was not a disease as defined by the act.”

Horace v. Auto Specialties Mfg. Co., 663 F. Supp. 54 (W.D. Mich. 1987). “§ 418.535. There is evidence presented that the Company has received such reimbursement.”

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