WORKER'S DISABILITY COMPENSATION ACT OF 1969
Act 317 of 1969
418.801 Payment of compensation; time; manner; record; reports; daily charges as elements of loss; failure to notify carrier of disability or death; interest; detection and prevention of fraud, waste, and abuse; recommendations.
Sec. 801.
(1) Compensation shall be paid promptly and directly to the person entitled thereto and shall become due and payable on the fourteenth day after the employer has notice or knowledge of the disability or death, on which date all compensation then accrued shall be paid. Thereafter compensation shall be paid in weekly installments. Every carrier shall keep a record of all payments made under this act and of the time and manner of making the payments and shall furnish reports, based upon these records, to the agency as the director may reasonably require.
(2) If weekly compensation benefits or accrued weekly benefits are not paid within 30 days after becoming due and payable and there is not an ongoing dispute, $50.00 per day shall be added and paid to the worker for each day over 30 days in which the benefits are not paid. Not more than $1,500.00 in total may be added pursuant to this subsection.
(3) If medical bills or a travel allowance is not paid within 30 days after the carrier has received notice of nonpayment by certified mail and there is no ongoing dispute, $50.00 or the amount of the bill due, whichever is less, shall be added and paid to the worker for each day over 30 days in which the medical bills or travel allowance is not paid. Not more than $1,500.00 in total may be added pursuant to this subsection.
(4) For purposes of rate-making, daily charges paid under subsection (2) shall not constitute elements of loss.
(5) An employer who has notice or knowledge of the disability or death and fails to give notice to the carrier shall pay the penalty provided for in subsection (2) for the period during which the employer failed to notify the carrier.
(6) When weekly compensation is paid pursuant to an award of a worker's compensation magistrate, an arbitrator, the board, the appellate commission, or a court, interest on the compensation shall be paid at a rate calculated in the same manner as interest on a money judgment in a civil action under section 6013(8) of the revised judicature act of 1961, 1961 PA 236, MCL 600.6013.
(7) By April 1, 2012, the director of the worker's compensation agency shall coordinate with the department of technology, management, and budget on the development of comprehensive data and shall file with the secretary of the senate and the clerk of the house of representatives a report making recommendations to the legislature on a system utilizing advanced analytics for the detection and prevention of fraud, waste, and abuse in the worker's compensation system. Additionally, the director shall include information on the number of cases filed, and the number of employees who had benefits reduced as a result of a determination of their wage earning capacity.
History: 1969, Act 317, Eff. Dec. 31, 1969 ;-- Am. 1977, Act 302, Eff. Mar. 30, 1978 ;-- Am. 1981, Act 194, Eff. Jan. 1, 1982 ;-- Am. 1985, Act 103, Imd. Eff. July 30, 1985 ;-- Am. 1994, Act 271, Imd. Eff. July 11, 1994 ;-- Am. 2011, Act 266, Imd. Eff. Dec. 19, 2011
Compiler's Notes:
For legislative intent as to severability, see Compiler's note to MCL 418.213.
Enacting section 2 of Act 266 of 2011 provides:
"Enacting section 2. This amendatory act applies to injuries incurred on or after its effective date."
PopularName Notes:
Act 317
Notes of Decisions
Selk v. Detroit Plastic Prods., 345 N.W.2d 184 (Mich. 1984).
· cites it 12× “We granted leave in these consolidated workers' compensation cases in order to determine whether 1981 PA 194 , which amended MCL 418.801; MSA 17.237(801), requires that interest on workers' compensation awards made after January 1, 1982, the effective date of the amendment, is…”
Franks v. White Pine Copper Div., 375 N.W.2d 715 (Mich. 1985).
· cites it 8× “mount of the old-age insurance benefits received or being received under the social security act," and (ii) "[t]he after-tax amount of the payments received or being received under a self-insurance plan, a wage continuation plan, or under a disability insurance policy provided…”
Brown v. Cassens Transp. Co., 675 F.3d 946 (6th Cir. 2012).
· cites it 8× “" Mich. Comp. Laws § 418.801 (1). Applicants therefore acquire a property interest in worker's compensation when employers learn of their employees' physical injuries.”
Perry v. Sturdevant Mfg. Co., 333 N.W.2d 366 (Mich. Ct. App. 1983).
· cites it 12× “The claimant appeals by leave granted a decision of the Workers' Compensation Appeal Board (WCAB), denying her request for imposition of the penalty for late payment provided for in § 801 of the Worker's Disability Compensation Act (WDCA), MCL 418.801; MSA 17.237(801). The board…”
DeKind v. Gale Mfg. Co., 337 N.W.2d 252 (Mich. Ct. App. 1983).
· cites it 13× “Whether MCL 418.801; MSA 17.237(801) violates the title-object clause of the Michigan Constitution.”
Clifton Jackson v. Sedgwick Claims Mgmt. Servs., 731 F.3d 556 (6th Cir. 2013).
· cites it 3× “Mich. Comp. Laws § 418.801 (6) (“When weekly compensation is paid pursuant to an award of a worker’s compensation magistrate, an arbitrator, the board, the appellate commission, or a court, interest on the compensation shall be paid .”
Brown v. Cassens Transp. Co., 743 F. Supp. 2d 651 (E.D. Mich. 2010).
· cites it 8× “The WDCA further provides that weekly benefits, in the absence of a dispute over a claim, must be paid within thirty days of when the claim becomes due and owing and employers must pay a penalty of $50 per day, with a maximum penalty of $1,500, for failure to timely pay such…”
Maglothin v. Tryco Steel Corp., 357 N.W.2d 914 (Mich. Ct. App. 1984).
· cites it 14× “[2] However, the referee found that there was an ongoing dispute within the meaning of MCL 418.801(2); MSA 17.237(801)(2) and therefore declined to impose any penalty payment for defendants' earlier refusal to pay the compensation supplement.”
McAvoy v. H B Sherman Co., 258 N.W.2d 414 (Mich. 1977).
· cites it 2× “MCLA 418.801; MSA 17.237(801). Public Act 34 effectuates this purpose by providing for payment to the claimant of part of the award granted by a hearing referee.”
Auto-Owners Ins. v. Amoco Prod. Co., 658 N.W.2d 460 (Mich. 2003).
· cites it 3× “The Court of Appeals also affirmed the magistrate’s award of ten percent interest pursuant to MCL 418.801(6). Because we conclude that plaintiff is entitled to full reimbursement from defendant on the basis of the doctrine of equitable subrogation, we reverse the judgment of the…”
Warner v. Collavino Bros., 347 N.W.2d 787 (Mich. Ct. App. 1984).
· cites it 7× “On June 21, 1983, the Supreme Court entered an order remanding the instant case to this Court for consideration of whether the "no ongoing dispute” exception to the penalty provision of MCL 418.801; MSA 17.237(801) should be interpreted as requiring a good-faith dispute, 417…”
— Mich. Comp. Laws § 418.801(1) — 10 cases
Franks v. White Pine Copper Div., 375 N.W.2d 715 (Mich. 1985).
“mount of the old-age insurance benefits received or being received under the social security act," and (ii) "[t]he after-tax amount of the payments received or being received under a self-insurance plan, a wage continuation plan, or under a disability insurance policy provided…”
Selk v. Detroit Plastic Prods., 345 N.W.2d 184 (Mich. 1984).
“We granted leave in these consolidated workers' compensation cases in order to determine whether 1981 PA 194 , which amended MCL 418.801; MSA 17.237(801), requires that interest on workers' compensation awards made after January 1, 1982, the effective date of the amendment, is…”
Brown v. Cassens Transp. Co., 743 F. Supp. 2d 651 (E.D. Mich. 2010).
“The WDCA further provides that weekly benefits, in the absence of a dispute over a claim, must be paid within thirty days of when the claim becomes due and owing and employers must pay a penalty of $50 per day, with a maximum penalty of $1,500, for failure to timely pay such…”
Perry v. Sturdevant Mfg. Co., 333 N.W.2d 366 (Mich. Ct. App. 1983).
“The claimant appeals by leave granted a decision of the Workers' Compensation Appeal Board (WCAB), denying her request for imposition of the penalty for late payment provided for in § 801 of the Worker's Disability Compensation Act (WDCA), MCL 418.801; MSA 17.237(801). The board…”
— Mich. Comp. Laws § 418.801(2) — 28 cases
Franks v. White Pine Copper Div., 375 N.W.2d 715 (Mich. 1985).
“mount of the old-age insurance benefits received or being received under the social security act," and (ii) "[t]he after-tax amount of the payments received or being received under a self-insurance plan, a wage continuation plan, or under a disability insurance policy provided…”
Perry v. Sturdevant Mfg. Co., 333 N.W.2d 366 (Mich. Ct. App. 1983).
“The claimant appeals by leave granted a decision of the Workers' Compensation Appeal Board (WCAB), denying her request for imposition of the penalty for late payment provided for in § 801 of the Worker's Disability Compensation Act (WDCA), MCL 418.801; MSA 17.237(801). The board…”
DeKind v. Gale Mfg. Co., 337 N.W.2d 252 (Mich. Ct. App. 1983).
“Whether MCL 418.801; MSA 17.237(801) violates the title-object clause of the Michigan Constitution.”
Maglothin v. Tryco Steel Corp., 357 N.W.2d 914 (Mich. Ct. App. 1984).
“[2] However, the referee found that there was an ongoing dispute within the meaning of MCL 418.801(2); MSA 17.237(801)(2) and therefore declined to impose any penalty payment for defendants' earlier refusal to pay the compensation supplement.”
— Mich. Comp. Laws § 418.801(3) — 3 cases
— Mich. Comp. Laws § 418.801(5) — 17 cases
Maglothin v. Tryco Steel Corp., 357 N.W.2d 914 (Mich. Ct. App. 1984).
“[2] However, the referee found that there was an ongoing dispute within the meaning of MCL 418.801(2); MSA 17.237(801)(2) and therefore declined to impose any penalty payment for defendants' earlier refusal to pay the compensation supplement.”
— Mich. Comp. Laws § 418.801(6) — 10 cases
Auto-Owners Ins. v. Amoco Prod. Co., 658 N.W.2d 460 (Mich. 2003).
“The Court of Appeals also affirmed the magistrate’s award of ten percent interest pursuant to MCL 418.801(6). Because we conclude that plaintiff is entitled to full reimbursement from defendant on the basis of the doctrine of equitable subrogation, we reverse the judgment of the…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.