WORKER'S DISABILITY COMPENSATION ACT OF 1969
Act 317 of 1969
418.891 Application of prior law; new benefit rates; saving clause; applicability of amendments to personal injuries and work-related diseases incurred on or after December 19, 2011.
Sec. 891.
(1) To the extent that they are reenacted herein, all the provisions of former 1965 PA 44 apply only to personal injuries occurring on or after September 1, 1965, except as otherwise provided in that act and except for the amendment to part 2, section 4 of that act, concerning selection of physicians as provided in that act.
(2) In all cases where the date of injury is on or after September 1, 1965, and the employee or his dependents would be entitled to the new maximum weekly benefit rates, the employee or his dependents shall receive, without application to the workers' compensation agency, an adjustment to the increased maximum rate as it becomes effective September 1, 1966, or September 1, 1967, for any compensable weeks subsequent to the above dates.
(3) This act does not affect or impair any right accruing, accrued or acquired or any liability developing or imposed prior to the time this act takes effect, and all such rights and liabilities shall be governed by the provisions of former 1912 (1st Ex Sess) PA 10. The first adjustment to the maximum rates of weekly compensation provided previously in section 9(f) of part 2 of former 1912 (1st Ex Sess) PA 10, shall remain in effect to the extent provided in such section and the amount of change in the average weekly wage not incorporated in the first adjustment made January 1, 1969 shall be carried forward as provided in such section.
(4) Notwithstanding sections 301(14) and 401(10), the amendments to this act made by 2011 PA 266 apply to personal injuries and work-related diseases incurred on or after December 19, 2011.
History: 1969, Act 317, Eff. Dec. 31, 1969 ;-- Am. 2012, Act 83, Imd. Eff. Apr. 11, 2012
Compiler's Notes:
Act 10 of 1912, 1st Ex. Sess., referred to in this section, was repealed by Act 317 of 1969.
PopularName Notes:
Act 317
Notes of Decisions
Lincoln v. Gen. Motors Corp., 586 N.W.2d 241 (Mich. Ct. App. 1998).
· cites it 2× “§ 418.891(1); MSA 17.237(891)(1), carried forward these retroactivity limiting provisions: To the extent that they are reenacted herein, all the provisions of former Act No.”
Wozniak v. Gen. Motors Corp., 497 N.W.2d 562 (Mich. Ct. App. 1993).
“[MCL 418.891(1); MSA 17.237(891X1).] Thus, the Legislature has recognized that 1965 PA 44 , § 3 continued in force.”
Butler v. Dura Corp., 307 N.W.2d 83 (Mich. Ct. App. 1981).
“237(361) and MCL 418.891; MSA 17.237(891).”
Niekro v. Brick Tavern, 238 N.W.2d 537 (Mich. Ct. App. 1975).
“MCLA 418.891(3); MSA 17.237(891X3). Therefore, MCLA 413.”
Dalton v. Candler-Rusche, Inc., 237 N.W.2d 290 (Mich. Ct. App. 1975).
“2 "The weekly loss in wages referred to in this act shall consist of such percentage of the average weekly earnings of the injured employee computed according to the provisions of this section as shall fairly represent the proportionate extent of the impairment of his earning…”
Ayres v. Am. Chain & Cable Co., 223 N.W.2d 641 (Mich. Ct. App. 1974).
· cites it 2× “This act does not impair or affect any act done, offense committed or right accruing, accrued or acquired, or a liability, penalty, forfeiture or punishment incurred before this act takes effect, but the same may be enjoyed, asserted and enforced, as fully and to the same extent…”
Bullard v. Mult-A-Frame Co., 190 N.W.2d 559 (Mich. Ct. App. 1971).
· cites it 2× “This expressed legislative desire has been carried over into the Workmen's Compensation Act of 1969: "To the extent that they are reenacted herein, all the provisions of former act No 44 of the Public Acts of 1965 * * * shall apply only to personal injuries the date of which…”
Wozniak v. Gen. Motors Corp., 536 N.W.2d 841 (Mich. Ct. App. 1995).
“See Wozniak v General *43 Motors Corp, 198 Mich App 172, 182 ; 497 NW2d 562 (1993) (because of plaintiffs injury date, her reduced rate should have been fifty percent of the state average weekly wage); see also MCL 418.891(1); MSA 17.237(891X1). Defendants did not appeal.”
Thomas v. Burroughs Corp., 269 N.W.2d 685 (Mich. Ct. App. 1978).
“Reversed and remanded for entry of an order conforming to this opinion. No costs. These provisions were replaced by the worker’s disability act of 1969.”
Mich. Comp. Laws § 418.891(1): 4 cases
Lincoln v. Gen. Motors Corp., 586 N.W.2d 241 (Mich. Ct. App. 1998).
“§ 418.891(1); MSA 17.237(891)(1), carried forward these retroactivity limiting provisions: To the extent that they are reenacted herein, all the provisions of former Act No.”
Wozniak v. Gen. Motors Corp., 497 N.W.2d 562 (Mich. Ct. App. 1993).
“[MCL 418.891(1); MSA 17.237(891X1).] Thus, the Legislature has recognized that 1965 PA 44 , § 3 continued in force.”
Bullard v. Mult-A-Frame Co., 190 N.W.2d 559 (Mich. Ct. App. 1971).
“This expressed legislative desire has been carried over into the Workmen's Compensation Act of 1969: "To the extent that they are reenacted herein, all the provisions of former act No 44 of the Public Acts of 1965 * * * shall apply only to personal injuries the date of which…”
Wozniak v. Gen. Motors Corp., 536 N.W.2d 841 (Mich. Ct. App. 1995).
“See Wozniak v General *43 Motors Corp, 198 Mich App 172, 182 ; 497 NW2d 562 (1993) (because of plaintiffs injury date, her reduced rate should have been fifty percent of the state average weekly wage); see also MCL 418.891(1); MSA 17.237(891X1). Defendants did not appeal.”
Mich. Comp. Laws § 418.891(3): 4 cases
Niekro v. Brick Tavern, 238 N.W.2d 537 (Mich. Ct. App. 1975).
“MCLA 418.891(3); MSA 17.237(891X3). Therefore, MCLA 413.”
Dalton v. Candler-Rusche, Inc., 237 N.W.2d 290 (Mich. Ct. App. 1975).
“2 "The weekly loss in wages referred to in this act shall consist of such percentage of the average weekly earnings of the injured employee computed according to the provisions of this section as shall fairly represent the proportionate extent of the impairment of his earning…”
Ayres v. Am. Chain & Cable Co., 223 N.W.2d 641 (Mich. Ct. App. 1974).
“This act does not impair or affect any act done, offense committed or right accruing, accrued or acquired, or a liability, penalty, forfeiture or punishment incurred before this act takes effect, but the same may be enjoyed, asserted and enforced, as fully and to the same extent…”
Thomas v. Burroughs Corp., 269 N.W.2d 685 (Mich. Ct. App. 1978).
“Reversed and remanded for entry of an order conforming to this opinion. No costs. These provisions were replaced by the worker’s disability act of 1969.”
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