WORKER'S DISABILITY COMPENSATION ACT OF 1969
Act 317 of 1969
418.821 Assignment, attachment, or garnishment; liability as first lien on property of employer; enforcement of assignment to group disability or hospitalization insurance company, health maintenance organization, or medical care and hospital service corporation; attorney fees; self-insurer as “insurance company”; adjustment; rights of assignment of labor management health and welfare fund.
Sec. 821.
(1) A payment under this act shall not be assignable or subject to attachment or garnishment or be held liable in any way for a debt. In the case of the insolvency of an employer, liability for compensation under this act shall constitute a first lien upon all the property of the employer liable for the compensation, paramount to all other claims or liens, except for wages and taxes, which lien shall be enforced by order of the court.
(2) This section shall not apply to or affect the validity of an assignment made to an insurance company; health maintenance organization licensed under former Act No. 264 of the Public Acts of 1974, or part 210 of Act No. 368 of the Public Acts of 1978, as amended, being sections 333.21001 to 333.21099 of the Michigan Compiled Laws; or a medical care and hospital service corporation organized or consolidated under former Act No. 108 or 109 of the Public Acts of 1939, or any successor organization making an advance or payment to an employee under a group disability or group hospitalization insurance policy which provides that benefits shall not be payable under the policy for a period of disability or hospitalization resulting from accidental bodily injury or sickness arising out of or in the course of employment. When a group disability or hospitalization insurance company; health maintenance organization licensed under former Act No. 264 of the Public Acts of 1974, or part 210 of Act No. 368 of the Public Acts of 1978, as amended; or a medical care and hospital service corporation organized or consolidated under former Act No. 108 or 109 of the Public Acts of 1939, or any successor organization enforces an assignment given to it as provided in this section, it shall pay, pursuant to rules established by the director, a portion of the attorney fees of the attorney who secured the worker's compensation recovery.
(3) As used in this section, "insurance company" includes a self-insurer. If an insurance company insures both worker's compensation and group disability or group hospitalization, it shall be permitted the adjustment provided in this section.
(4) A labor management health and welfare fund shall be entitled to the same rights of assignment as an insurance company is entitled to under this section.
History: 1969, Act 317, Eff. Dec. 31, 1969 ;-- Am. 1978, Act 523, Imd. Eff. Dec. 20, 1978 ;-- Am. 1982, Act 282, Imd. Eff. Oct. 7, 1982
Compiler's Notes:
Acts 108 and 109 of 1939, referred to in this section, were repealed by Act 350 of 1980.
PopularName Notes:
Act 317
Notes of Decisions
Gilroy v. Gen. Motors Corp., 475 N.W.2d 271 (Mich. 1991).
· cites it 10× “I do not agree with the majority that MCL 418.821; MSA 17.237(821) and MCL 418.”
Petersen v. Magna Corp., 773 N.W.2d 564 (Mich. 2009).
· cites it 2× “" MCL 418.821(2). Thus, the employee retains an attorney to recover benefits, and the recovery subject to the assignment helps pay the employee's attorney fees.”
Williams v. Chrysler Corp., 406 N.W.2d 222 (Mich. Ct. App. 1987).
· cites it 6× “See MCL 418.821(2); MSA 17.237(821)(2); Aetna Life Ins Co v Roose, 413 Mich 85 ; 318 NW2d 468 (1982).”
State Treasurer v. Wilson, 377 N.W.2d 703 (Mich. 1985).
· cites it 2× “At a hearing on October 29, 1982, plaintiffs claimed that National Union had violated the restraining order and had sent a check for $10,306.51 to Mr. Wilson's mother, who had cashed the check and disbursed the funds.”
Hagen v. Hagen, 508 N.W.2d 196 (Mich. Ct. App. 1993).
· cites it 3× “See MCL 418.821; MSA 17.237(821). The court determined that there was authority to impress a lien upon the payments, and subsequently entered an order on May 12, 1992.”
Gregory v. Transamerica Ins., 391 N.W.2d 312 (Mich. 1986).
· cites it 2× “13109(1) provides: Benefits provided or required to be provided under the laws of any state or the federal government shall be subtracted from the personal protection insurance benefits otherwise payable for the injury. The Workers' Disability Compensation Act provides that a…”
Aetna Life Ins. v. Roose, 318 N.W.2d 468 (Mich. 1982).
· cites it 2× “This case concerns two issues: (1) whether the Workers’ Compensation Bureau has jurisdiction to review the validity and enforceability of an insurance company’s claim against an *87 injured worker for failure to repay under a "reimbursement agreement” made pursuant to MCL…”
Maner v. Ford Motor Co., 493 N.W.2d 909 (Mich. Ct. App. 1992).
· cites it 2× “Presumably, Ford took the position that John Hancock was entitled to reimbursement under § 821 of the act, MCL 418.821; MSA 17.237(821). However, when Maner filed his petition seeking full benefits, without any deduction for S & A benefits he had received, it became apparent…”
Kingery v. Ford Motor Co., 323 N.W.2d 318 (Mich. Ct. App. 1982).
“The WCAB determined that the assignment by plaintiff to the John Hancock Insurance Company was enforceable under MCL 418.821(2); MSA 17.237(821)(2). Appropriate credit was granted to each defendant.”
Nezdropa v. Wayne Cnty., 394 N.W.2d 440 (Mich. Ct. App. 1986).
“Plaintiff contends that Boyce, supra, is inapplicable because his attorney seeks compensation pursuant to MCL 418.821; MSA 17.237(821) and not under any implied contract theory.”
Russell v. Gen. Motors Corp., 432 N.W.2d 738 (Mich. Ct. App. 1988).
“In the instant case, all but the first applications for sick leave were based on plaintiffs pulmonary problems, which were determined not to be work-related.”
— Mich. Comp. Laws § 418.821(1) — 5 cases
Gilroy v. Gen. Motors Corp., 475 N.W.2d 271 (Mich. 1991).
“I do not agree with the majority that MCL 418.821; MSA 17.237(821) and MCL 418.”
Hagen v. Hagen, 508 N.W.2d 196 (Mich. Ct. App. 1993).
“See MCL 418.821; MSA 17.237(821). The court determined that there was authority to impress a lien upon the payments, and subsequently entered an order on May 12, 1992.”
— Mich. Comp. Laws § 418.821(2) — 13 cases
Petersen v. Magna Corp., 773 N.W.2d 564 (Mich. 2009).
“" MCL 418.821(2). Thus, the employee retains an attorney to recover benefits, and the recovery subject to the assignment helps pay the employee's attorney fees.”
Gilroy v. Gen. Motors Corp., 475 N.W.2d 271 (Mich. 1991).
“I do not agree with the majority that MCL 418.821; MSA 17.237(821) and MCL 418.”
Williams v. Chrysler Corp., 406 N.W.2d 222 (Mich. Ct. App. 1987).
“See MCL 418.821(2); MSA 17.237(821)(2); Aetna Life Ins Co v Roose, 413 Mich 85 ; 318 NW2d 468 (1982).”
Aetna Life Ins. v. Roose, 318 N.W.2d 468 (Mich. 1982).
“This case concerns two issues: (1) whether the Workers’ Compensation Bureau has jurisdiction to review the validity and enforceability of an insurance company’s claim against an *87 injured worker for failure to repay under a "reimbursement agreement” made pursuant to MCL…”
Kingery v. Ford Motor Co., 323 N.W.2d 318 (Mich. Ct. App. 1982).
“The WCAB determined that the assignment by plaintiff to the John Hancock Insurance Company was enforceable under MCL 418.821(2); MSA 17.237(821)(2). Appropriate credit was granted to each defendant.”
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