Michigan Compiled Laws

Mich. Comp. Laws § 418.862 (2026)

Claim for review as stay of payment; commencement and duration of payment; withholding benefits accruing prior to award; reimbursement of carrier; payment by carrier; interest; payments as accrued compensation in determining attorneys' fees; medical benefits.

✓ current as of July 2026

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WORKER'S DISABILITY COMPENSATION ACT OF 1969

Act 317 of 1969

418.862 Claim for review as stay of payment; commencement and duration of payment; withholding benefits accruing prior to award; reimbursement of carrier; payment by carrier; interest; payments as accrued compensation in determining attorneys' fees; medical benefits.

Sec. 862.

(1) A claim for review filed pursuant to section 859a, 861, or 864(11) does not operate as a stay of payment to the claimant of 70% of the weekly benefit required by the terms of the award of the worker's compensation magistrate or arbitrator. Payment shall commence as of the date of the worker's compensation magistrate's or arbitrator's award, and shall continue until final determination of the appeal or for a shorter period if specified in the award. Benefits accruing prior to the award shall be withheld until final determination of the appeal. If the weekly benefit is reduced or rescinded by a final determination, the carrier is entitled to reimbursement in a sum equal to the compensation paid pending the appeal in excess of the amount finally determined. Reimbursement shall be paid upon audit and proper voucher from the second injury fund established in chapter 5. If the award is affirmed by a final determination, the carrier shall pay all compensation which has become due under the provisions of the award, less any compensation already paid. Interest shall not be paid on amounts paid pending final determination. Payments made to the claimant during the appeal period is considered as accrued compensation for purposes of determining attorneys' fees under the rules of the agency.

(2) A claim for review filed pursuant to section 859a or 864(11) of a case for which an application under section 847 is filed after March 31, 1986 does not operate as a stay of providing reasonable and necessary medical benefits required by the terms of the award. Medical benefits shall be provided as of the date of the award and shall continue until final determination of the appeal or for a shorter period if specified in the award. Benefits accruing prior to the award shall be withheld until final determination of the appeal. If the benefit amount is reduced or rescinded by a final determination, the carrier shall be reimbursed for the amount of the expenses incurred in providing the medical benefits pending the appeal in excess of the amount finally determined. Reimbursement shall be paid upon audit and proper voucher from the general fund of the state. If the award is affirmed by a final determination, the carrier shall provide all medical benefits that have become due under the provisions of the award, less any benefits already provided for. Interest shall not be paid on amounts paid pending final determination.

History: Add. 1975, Act 34, Imd. Eff. May 6, 1975 ;-- 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

Constitutionality Notes:

This section, the “70% statute”, is constitutional. McAvoy v H B Sherman Company, 401 Mich 419; 258 NW2d 414 (1977).

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

Cited in 46 cases, 1976–2001 · leading case: McAvoy v. H B Sherman Co., 258 N.W.2d 414 (Mich. 1977).

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McAvoy v. H B Sherman Co., 258 N.W.2d 414 (Mich. 1977). · cites it 12× “We granted leave in these consolidated worker's compensation cases in order to consider whether 1975 PA 34 , MCLA 418.862; MSA 17.237(862), comports, on its face and as *431 applied, with certain fundamental constitutional mandates.”

Hiltz v. Phil's Quality Mkt., 337 N.W.2d 237 (Mich. 1983). · cites it 8× “This workers’ compensation case focuses on the interpretation of MCL 418.862; MSA 17.237(862), 1 the so-called 70% provision.”

Perry v. Sturdevant Mfg. Co., 333 N.W.2d 366 (Mich. Ct. App. 1983). · cites it 12× “The board held that the statutory penalty provision does not apply to late payments of "70% benefits" provided for in § 862 of the act, MCL 418.862; MSA 17.237(862). After a hearing before a Bureau of Workers' Disability Compensation referee, the carrier was ordered to pay…”

Farrington v. Total Petroleum, Inc., 501 N.W.2d 76 (Mich. 1993). · cites it 2× “Usually, the ischemia must last twenty minutes or longer to result in irreversible injury to the muscle.”

Morin v. Dep't of Soc. Servs., 352 N.W.2d 325 (Mich. Ct. App. 1984). · cites it 10× “Defendants appealed the decision to the WCAB and commenced paying 70% of the weekly benefits as required under MCL 418.862; MSA 17.237(862). The WCAB subsequently reversed and held that compensation was not authorized under the Worker's Disability Compensation *838 Act of 1969,…”

Stewart v. Saginaw Osteopathic Hosp., 298 N.W.2d 911 (Mich. Ct. App. 1980). · cites it 8× “10 which Argonaut *505 had paid the claimant pusuant to MCL 418.862; MSA 17.237(862), the "70% statute”.”

Gose v. Monroe Auto Equip. Co., 294 N.W.2d 165 (Mich. 1980). · cites it 2× “[40] The statute (MCL 418.862; MSA 17.237[862]) requiring an employer to pay 70% of benefits awarded pending completion of any appeal had not then been enacted.”

Saraski v. Dexter Davison Kosher Meat & Poultry, 520 N.W.2d 383 (Mich. Ct. App. 1994). · cites it 8× “He argues that dismissal is required, because Dexter Davison failed to pay seventy percent of his weekly benefits as required by MCL 418.862; MSA 17.237(862). We affirm in part, reverse in part and remand for further proceedings consistent with this opinion.”

Selk v. Detroit Plastic Prods., 345 N.W.2d 184 (Mich. 1984). · cites it 2× “237(862), which provided that no stay on appeal from an award entered by a referee was available with respect to 70% of the weekly benefit in cases involving injuries or appeals taken by employers before the effective date of the act. We recognized the contractual nature of the…”

Charboneau v. Beverly Enter., Inc, 625 N.W.2d 75 (Mich. Ct. App. 2001). · cites it 3× “78 a week, as required by MCL 418.862(1); MSA 17.237(862)(1). Beverly filed a claim for review of the February 18, 1986, decision with the Worker’s Compensation Appeal Board (wcab).”

Civil Serv. Comm'n v. Dep't of Labor, 384 N.W.2d 728 (Mich. 1986). · cites it 2× “[20] MCL 418.862; MSA 17.237(862), added by 1975 PA 34 .”

Derwinski v. Eureka Tire Co., 286 N.W.2d 672 (Mich. 1979). · cites it 2× “[17] At a minimum, MCL 418.862; MSA 17.237(862) could be employed.”

Show all 46 citing cases →

— Mich. Comp. Laws § 418.862(1) — 8 cases

Charboneau v. Beverly Enter., Inc, 625 N.W.2d 75 (Mich. Ct. App. 2001). “78 a week, as required by MCL 418.862(1); MSA 17.237(862)(1). Beverly filed a claim for review of the February 18, 1986, decision with the Worker’s Compensation Appeal Board (wcab).”

Barham v. Workers' Comp. Appeal Bd., 457 N.W.2d 349 (Mich. Ct. App. 1990).

Saraski v. Dexter Davison Kosher Meat & Poultry, 520 N.W.2d 383 (Mich. Ct. App. 1994). “He argues that dismissal is required, because Dexter Davison failed to pay seventy percent of his weekly benefits as required by MCL 418.862; MSA 17.237(862). We affirm in part, reverse in part and remand for further proceedings consistent with this opinion.”

Rodriguez v. Gen. Motors Corp., 516 N.W.2d 105 (Mich. Ct. App. 1994).

Stein v. Braun Eng'g, 626 N.W.2d 907 (Mich. Ct. App. 2001).

— Mich. Comp. Laws § 418.862(2) — 3 cases

Farrington v. Total Petroleum, Inc., 501 N.W.2d 76 (Mich. 1993). “Usually, the ischemia must last twenty minutes or longer to result in irreversible injury to the muscle.”

Garcia v. McCord Gasket Corp., 506 N.W.2d 912 (Mich. Ct. App. 1993).

Garcia v. McCord Gasket Corp., 534 N.W.2d 473 (Mich. 1995).

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