WORKER'S DISABILITY COMPENSATION ACT OF 1969
Act 317 of 1969
418.641 Noncompliance as misdemeanor; penalty; separate offenses; damages for violation of MCL 418.171 or MCL 418.611; recovery from uninsured employer; disposition of fines; director as party; injuries to which subsections (3), (4), and (5) applicable.
Sec. 641.
(1) An employer who fails to comply with the provisions of section 611 is guilty of a misdemeanor and may be fined not more than $1,000.00, or imprisoned for not more than 6 months, or both. Each day's failure is a separate offense. An individual employee of an employer who refuses to provide information requested by the fund trustees under section 532(10) is guilty of a misdemeanor and may be fined not more than $1,000.00, or imprisoned for not more than 6 months, or both.
(2) The employee of an employer who violates the provisions of section 171 or 611 shall be entitled to recover damages from the employer in a civil action because of an injury that arose out of and in the course of employment notwithstanding the provisions of section 131.
(3) The director of the bureau shall have the right and obligation to recover on behalf of the workplace health and safety fund from an uninsured employer in a civil action the amounts provided in section 723. If the employer is a corporation, the officers and directors of the corporation shall be individually and jointly and severally liable for any portion of the obligation and expenses that are not satisfied by the corporation.
(4) Any amounts collected pursuant to subsection (3) shall be paid to the uninsured employer's security account within the workplace health and safety fund established in sections 722 and 723.
(5) For the purposes of this section, the director shall be considered a party as described in section 863.
(6) Subsections (3), (4), and (5) shall apply to injuries that occur on or after June 29, 1990.
History: 1969, Act 317, Eff. Dec. 31, 1969 ;-- Am. 1985, Act 103, Imd. Eff. July 30, 1985 ;-- Am. 1990, Act 157, Imd. Eff. June 29, 1990 ;-- Am. 1993, Act 118, Imd. Eff. July 20, 1993 ;-- Am. 1996, Act 357, Imd. Eff. July 1, 1996
Compiler's Notes:
For legislative intent as to severability, see Compiler's note to MCL 418.213.
PopularName Notes:
Act 317
Notes of Decisions
David J McQueer v. Perfect Fence Co., 917 N.W.2d 584 (Mich. 2018).
· cites it 12× “611 shall be liable subject to the provisions of MCL 418.641. 2. The Court of Appeals erred by considering the civil-remedy provision of MCL 418.”
Mccaul v. Modern Tile & Carpet, Inc, 640 N.W.2d 589 (Mich. Ct. App. 2002).
· cites it 5× “:|: * * We observe that section 171 refers to [MCL 418.641]. Section 641(2) gives plaintiff’s recourse for [a] violation of section 171: “The employee of an employer who violates the provisions of section 171 or 611 shall be entitled to recover damages from the employer in a…”
Mcgillis v. Aida Eng'g, Inc, 410 N.W.2d 817 (Mich. Ct. App. 1987).
· cites it 3× “Defendant AVR brought a motion for summary disposition, which the trial court granted on April 2, 1986, finding plaintiff had no cause of action *372 under MCL 418.641(2); MSA 17.237(641X2), as amended by 1985 PA 103 , effective July 30, 1985, on the basis that the amended…”
Smeester v. Pub-N-Grub, Inc., 527 N.W.2d 5 (Mich. Ct. App. 1995).
· cites it 2× “Previously, this Court held that both common-law damages and defenses not abolished by statute were available in a civil action under § 641(2) of the Worker’s Disability Compensation Act (wdca), MCL 418.641(2); MSA 17.237(641)(2), when an employee sues an employer for an injury…”
Westfall v. Glass (In Re Glass), 207 B.R. 850 (Bankr. E.D. Mich. 1997).
· cites it 2× “Mich. Comp.Laws § 418.641. As noted supra at note 8, however, the majority of courts have found that such noncompliance does not by itself give rise to a nondischargeable debt for willful and malicious injury.”
Calladine v. Dana Corp., 679 F. Supp. 700 (E.D. Mich. 1988).
“2d 817 (1987) (applying Selk guideline to the Michigan Workers’ Disability Compensation Act and concluding that an amendment to § 418.641 *704 should be given retroactive application); Spencer v.”
Smeester v. Pub-N-Grub, Inc., 500 N.W.2d 742 (Mich. 1993).
· cites it 2× “11 hi Because the Court of Appeals opinion is subject to conflicting interpretation, and because of the potential jurisprudential significance of the questions posed, we vacate the judgment of the Court of Appeals and remand to that Court to determine whether, in a cause of…”
Lawrence W Walrath v. Witzenmann USA LLC (Mich. Ct. App. 2017).
· cites it 17× “Under MCL 418.641: (1) An employer who fails to comply with the provisions of section 611 is guilty of a misdemeanor and may be fined not more than $1,000.”
Labonte v. Hall (In Re Hall), 194 B.R. 580 (W.D. Mich. 1996).
“§ 418.641. The factual record established below does not set forth whether appellee consciously failed to acquire the requisite insurance or whether appellee’s failure was the result of a mere administrative oversight.”
Smeester v. Pub-N-Grub, Inc., 480 N.W.2d 329 (Mich. Ct. App. 1991).
“The Workers’ Disability Compensation Act provides: *226 The employee of an employer who violates the provisions of section 171 or 611 shall be entitled to recover damages from the employer in a civil action because of an injury that arose out of and in the course of employment…”
— Mich. Comp. Laws § 418.641(2) — 10 cases
David J McQueer v. Perfect Fence Co., 917 N.W.2d 584 (Mich. 2018).
“611 shall be liable subject to the provisions of MCL 418.641. 2. The Court of Appeals erred by considering the civil-remedy provision of MCL 418.”
Mccaul v. Modern Tile & Carpet, Inc, 640 N.W.2d 589 (Mich. Ct. App. 2002).
“:|: * * We observe that section 171 refers to [MCL 418.641]. Section 641(2) gives plaintiff’s recourse for [a] violation of section 171: “The employee of an employer who violates the provisions of section 171 or 611 shall be entitled to recover damages from the employer in a…”
Mcgillis v. Aida Eng'g, Inc, 410 N.W.2d 817 (Mich. Ct. App. 1987).
“Defendant AVR brought a motion for summary disposition, which the trial court granted on April 2, 1986, finding plaintiff had no cause of action *372 under MCL 418.641(2); MSA 17.237(641X2), as amended by 1985 PA 103 , effective July 30, 1985, on the basis that the amended…”
Smeester v. Pub-N-Grub, Inc., 527 N.W.2d 5 (Mich. Ct. App. 1995).
“Previously, this Court held that both common-law damages and defenses not abolished by statute were available in a civil action under § 641(2) of the Worker’s Disability Compensation Act (wdca), MCL 418.641(2); MSA 17.237(641)(2), when an employee sues an employer for an injury…”
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