WORKER'S DISABILITY COMPENSATION ACT OF 1969
Act 317 of 1969
418.647 Failure of employer to comply with MCL 418.611; liability of employer as corporation, limited liability company, or limited liability partnership.
Sec. 647.
(1) If compensation is awarded under this act against any employer who at the time of the injury has not complied with section 611, the employer shall not be entitled as to any judgment entered upon the award, to any of the exemptions of property from seizure and sale on execution allowed by statute.
(2) 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 judgment returned unsatisfied after execution against the corporation. If the employer is a limited liability company, the managers who are also members shall be individually and jointly and severally liable for any portion of the judgment returned unsatisfied after execution against the company. If the employer is a limited liability partnership, the partners shall be individually and jointly and severally liable for any portion of the judgment returned unsatisfied after execution against the partnership.
History: 1969, Act 317, Eff. Dec. 31, 1969 ;-- Am. 1995, Act 206, Imd. Eff. Nov. 29, 1995
PopularName Notes:
Act 317
Notes of Decisions
Perez v. State Farm Mut. Auto. Ins., 344 N.W.2d 773 (Mich. 1984).
· cites it 8× “From the perspective of the reasonableness of the legislative purpose, it must be remembered that the employer is ultimately liable to pay workers' compensation benefits to which an employee is *665 entitled if the employer fails to provide workers' compensation insurance…”
Wyrybkowski v. Cobra Pre-Hung Doors, Inc., 239 N.W.2d 660 (Mich. Ct. App. 1976).
· cites it 4× “This case presents the narrow question of whether the circuit judge erred in entering as a judgment a workmen’s compensation award against the corporation and the officers and directors of a corporation pursuant to MCLA 418.647; MSA 17.237(647), where the corporation had filed a…”
Bailey v. Oakwood Hosp. & Med. Ctr., 698 N.W.2d 374 (Mich. 2005).
· cites it 2× “§ 418.647(2). These provisions establish recourse for an employee if a carrier does not meet its obligations and ceases making payments in violation of an award.”
Webb v. Webb, 536 N.E.2d 206 (Ill. App. Ct. 1989).
“2d at 662 , quoting Mich. Comp. Laws Ann. §418.647 (West), and Mich.”
LeBlond v. All Right Auto Parts, Inc., 265 N.W.2d 394 (Mich. Ct. App. 1978).
· cites it 5× “At stake here is an interpretation of MCLA 418.647; MSA 17.237(647), which states that: "If compensation is awarded under the provisions of this act against any employer who at the time of the injury has not complied with the provisions of section 611, [requiring employers to…”
Guerrero v. Brighton Athletic Ass'n, 264 N.W.2d 119 (Mich. Ct. App. 1978).
“The trial judge should have granted defendants’ request for a hearing to determine who were the officers and directors of defendant association at the time of plaintiffs injury, and on remand he shall do so if the judgment properly entered against the association is returned…”
Bush v. City of Detroit, 341 N.W.2d 859 (Mich. Ct. App. 1983).
“MCL 418.647; MSA 17.237(647); Wyrybkowski v Cobra Pre-Hung-Doors, Inc, 66 Mich App 555 ; 239 NW2d 660 (1976).”
Ellen M Andary v. Usaa Cas. Ins. Co. (Mich. 2023).
“641; MCL 418.647. Whether an employer has purchased workers’ compensation insurance to comply with the WDCA does not affect an employer’s statutory obligation to provide medical services.”
Ellen M Andary v. Usaa Cas. Ins. Co. (Mich. 2023).
“641; MCL 418.647. Whether an employer has purchased workers’ compensation insurance to comply with the WDCA does not affect an employer’s statutory obligation to provide medical services.”
— Mich. Comp. Laws § 418.647(2) — 1 case
Bailey v. Oakwood Hosp. & Med. Ctr., 698 N.W.2d 374 (Mich. 2005).
“§ 418.647(2). These provisions establish recourse for an employee if a carrier does not meet its obligations and ceases making payments in violation of an award.”
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