Mich. Comp. Laws » Michigan Compiled Laws / Chapter 418 / Act 317 of 1969
Michigan Compiled Laws

Mich. Comp. Laws § 418.833 (2026)

Application for further compensation; overpayment, recoupment.

✓ current as of July 2026
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WORKER'S DISABILITY COMPENSATION ACT OF 1969


Act 317 of 1969


418.833 Application for further compensation; overpayment, recoupment.

Sec. 833.

    (1) If payment of compensation is made, other than medical expenses, and an application for further compensation is later filed with the bureau, no compensation shall be ordered for any period which is more than 1 year prior to the date of filing of such application.

    (2) When an employer or carrier takes action to recover overpayment of benefits, no recoupment of money shall be allowed for a period which is more than 1 year prior to the date of taking such action.

History: 1969, Act 317, Eff. Dec. 31, 1969

PopularName Notes:

Act 317
Notes of Decisions
Cited in 53 cases, 1973–2019 · leading case: Franks v. White Pine Copper Div., 375 N.W.2d 715 (Mich. 1985).
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Franks v. White Pine Copper Div., 375 N.W.2d 715 (Mich. 1985). · cites it 6× “In Kleinschrodt , the hearing referee had ordered disability payments for a scheduled loss that occurred ten years before the claim had been filed.”
Ross v. Modern Mirror & Glass Co., 710 N.W.2d 59 (Mich. Ct. App. 2006). · cites it 6× “Defendants appeal by leave granted the May 5, 2004, order of the Workers’ Compensation Appellate Commission (WCAC) that modified a magistrate’s decision regarding the application of the one-year-back rule contained in MCL 418.833(2). The WCAC concluded that, under that statute,…”
Lincoln v. Gen. Motors Corp., 586 N.W.2d 241 (Mich. Ct. App. 1998). · cites it 8× “§ 418.833(1); MSA 17.237(833)(1), does not apply to limit recovery of any underpayments in violation of subsection 351(2).”
Howard v. Gen. Motors Corp., 399 N.W.2d 10 (Mich. 1986). · cites it 8× “In Kleinschrodt v General Motors Corp, 402 Mich 381 ; 263 NW2d 246 (1978), we held that failure to raise the one-year-back rule of MCL 418.833; MSA 17.237(833) before the appeal board resulted in a waiver.”
Cameron v. Auto Club Ins. Ass'n, 718 N.W.2d 784 (Mich. 2006). · cites it 2× “the "purpose" of the tolling statute is not to achieve the ends compelled by its plain words, is the "purpose" instead to toll the period of limitations without regard for other statutes? Is it to place minors and insane persons in an identical position with others who have…”
Rice v. Michigan Sugar Co., 269 N.W.2d 202 (Mich. Ct. App. 1978). · cites it 10× “The board also held that the "one-year-back" rule, MCL 418.833(1); MSA 17.237(833)(1), did not apply.”
Piwowarski v. Detroit Sulphite Pulp & Paper Co., 316 N.W.2d 719 (Mich. 1982). · cites it 10× “159, does the Court of Appeals failure to correct the appeal board's order imposing on the Second Injury Fund 350 weeks of the employer's liability for basic compensation and failure to limit the fund's liability for differential benefits to August 1, 1956 constitute error and…”
McAvoy v. H B Sherman Co., 258 N.W.2d 414 (Mich. 1977). · cites it 2× “237(833)(2): "When an employer or carrier takes action to recover overpayment of benefits, no recoupment of money shall be allowed for a period which is more than 1 year prior to the date of taking such action.”
Kleinschrodt v. Gen. Motors Corp., 263 N.W.2d 246 (Mich. 1978). · cites it 4× “237(833), [1] known as the one-year-back rule, because in its appeal defendant did not raise the one-year-back rule and expressly stated that the appeal was limited to whether the administrative law judge was correct in finding that plaintiff had lost the industrial use of his…”
Lincoln v. Gen. Motors Corp., 607 N.W.2d 73 (Mich. 2000). · cites it 3× “This refusal was premised on several grounds, including the one-year-back rule of MCL 418.833(1); MSA 17.237(833)(1), the two-year-back rule of MCL 418.”
Martin v. Somberg-Berlin Metals Co., 288 N.W.2d 574 (Mich. 1980). · cites it 5× “In ruling on the applicability of the rule the WCAB said: "Section 418.833, the one-year-back rule, precludes an order of benefits for 'any period which is more than 1 year prior to the date of filing’ of 'an application for further compensation.”
White v. Weinberger Builders, Inc., 242 N.W.2d 427 (Mich. 1976). · cites it 2× “[17] In Baldwin v Chrysler Corp, 67 Mich App 61 ; 240 NW2d 266 (1976), the Court of Appeals held that the one-year-back rule (MCLA 418.833[1]; MSA 17.237[833][1]) applies to a claim against the Second Injury Fund where specific loss benefits were voluntarily paid for a period…”
Show all 53 citing cases →
— Mich. Comp. Laws § 418.833(1) — 29 cases
Lincoln v. Gen. Motors Corp., 586 N.W.2d 241 (Mich. Ct. App. 1998). “§ 418.833(1); MSA 17.237(833)(1), does not apply to limit recovery of any underpayments in violation of subsection 351(2).”
Cameron v. Auto Club Ins. Ass'n, 718 N.W.2d 784 (Mich. 2006). “the "purpose" of the tolling statute is not to achieve the ends compelled by its plain words, is the "purpose" instead to toll the period of limitations without regard for other statutes? Is it to place minors and insane persons in an identical position with others who have…”
Rice v. Michigan Sugar Co., 269 N.W.2d 202 (Mich. Ct. App. 1978). “The board also held that the "one-year-back" rule, MCL 418.833(1); MSA 17.237(833)(1), did not apply.”
Franks v. White Pine Copper Div., 375 N.W.2d 715 (Mich. 1985). “In Kleinschrodt , the hearing referee had ordered disability payments for a scheduled loss that occurred ten years before the claim had been filed.”
Piwowarski v. Detroit Sulphite Pulp & Paper Co., 316 N.W.2d 719 (Mich. 1982). “159, does the Court of Appeals failure to correct the appeal board's order imposing on the Second Injury Fund 350 weeks of the employer's liability for basic compensation and failure to limit the fund's liability for differential benefits to August 1, 1956 constitute error and…”
— Mich. Comp. Laws § 418.833(2) — 14 cases
Ross v. Modern Mirror & Glass Co., 710 N.W.2d 59 (Mich. Ct. App. 2006). “Defendants appeal by leave granted the May 5, 2004, order of the Workers’ Compensation Appellate Commission (WCAC) that modified a magistrate’s decision regarding the application of the one-year-back rule contained in MCL 418.833(2). The WCAC concluded that, under that statute,…”
McAvoy v. H B Sherman Co., 258 N.W.2d 414 (Mich. 1977). “237(833)(2): "When an employer or carrier takes action to recover overpayment of benefits, no recoupment of money shall be allowed for a period which is more than 1 year prior to the date of taking such action.”
Howard v. Gen. Motors Corp., 399 N.W.2d 10 (Mich. 1986). “In Kleinschrodt v General Motors Corp, 402 Mich 381 ; 263 NW2d 246 (1978), we held that failure to raise the one-year-back rule of MCL 418.833; MSA 17.237(833) before the appeal board resulted in a waiver.”
Hiltz v. Phil's Quality Mkt., 337 N.W.2d 237 (Mich. 1983).
Lincoln v. Gen. Motors Corp., 607 N.W.2d 73 (Mich. 2000). “This refusal was premised on several grounds, including the one-year-back rule of MCL 418.833(1); MSA 17.237(833)(1), the two-year-back rule of MCL 418.”
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