WORKER'S DISABILITY COMPENSATION ACT OF 1969
Act 317 of 1969
418.921 Compensation for personal injury resulting in death or disability; liability of fund.
Sec. 921.
A person certified as vocationally disabled who receives a personal injury arising out of and in the course of his employment and resulting in death or disability, shall be paid compensation in the manner and to the extent provided in this act, or in case of his death resulting from such injury, the compensation shall be paid to his dependents. The liability of the employer for payment of compensation, for furnishing medical care or for payment of expenses of the employee's last illness and burial as provided in this act shall be limited to those benefits accruing during the period of 52 weeks after the date of injury. Thereafter, all compensation and the cost of all medical care and expenses of the employee's last sickness and burial shall be the liability of the fund. The fund shall be liable, from the date of injury, for those vocational rehabilitation benefits provided in section 319.
History: Add. 1971, Act 183, Eff. July 1, 1972 ;-- Am. 1985, Act 103, Imd. Eff. July 30, 1985 ;-- Am. 1998, Act 74, Imd. Eff. May 4, 1998
Compiler's Notes:
For legislative intent as to severability, see Compiler's note to MCL 418.213.
PopularName Notes:
Act 317
Notes of Decisions
Bailey v. Oakwood Hosp. & Med. Ctr., 674 N.W.2d 160 (Mich. Ct. App. 2004).
· cites it 6× “In November 1998 defendant filed a claim against the Second Injury Fund seeking reimbursement for benefits it paid plaintiff past the one-year period set by MCL 418.921. The Fund moved to dismiss defendant's petition for failure to comply with the notice provisions set by MCL…”
Brown v. Michigan Health Care Corp., 617 N.W.2d 301 (Mich. 2000).
· cites it 3× “This is a worker’s compensation case in which the employer sought to take advantage of the limitation on its liability provided by the certification of plaintiff as vocationally handicapped under MCL 418.921; MSA 17.237(921). The Worker’s Compensation Appellate Commission and…”
Valencic v. Tpm, Inc, 639 N.W.2d 846 (Mich. Ct. App. 2002).
· cites it 3× “Pursuant to MCL 418.921, an employer who employs a certified vocationally disabled employee is liable for benefits accruing during the first fifty-two weeks after the injury, and, as long as specified certification and notice requirements are met, the sif is liable for benefits…”
Robinson v. Gen. Motors Corp., 619 N.W.2d 411 (Mich. Ct. App. 2000).
“On April 22, 1993, GM wrote the fund describing its voluntary payment agreement with plaintiff and requesting reimbursement under the provisions of MCL 418.921; MSA 17.237(921), which provide, in pertinent part: A person certified as vocationally disabled who receives a personal…”
Szymczak v. Holland Cmty. Hosp., 466 N.W.2d 352 (Mich. Ct. App. 1991).
“MCL 418.921; MSA 17.237(921) states, in part, that a person certified as vocationally handicapped shall be compensated for a personal injury arising out of and in the course of employment and resulting in death or disability.”
Tracer v. City of Southgate, 459 N.W.2d 321 (Mich. Ct. App. 1990).
· cites it 4× “he Workers’ Compensation Appeal Board which held, in pertinent part, that plaintiff was not validly certified as vocationally handicapped when he was first employed by the city and therefore the city, who was plaintiffs employer when he was injured, had liability for plaintiffs…”
Nichols v. Howmet Corp., 855 N.W.2d 536 (Mich. Ct. App. 2014).
“372(1)(b) (allocating liability when an employee has two employers); MCL 418.921 (allocating liability of an employer of an employee with a vocational disability).”
Hebert v. Aetna Indus., Inc, 451 N.W.2d 527 (Mich. Ct. App. 1989).
“MCL 418.921; MSA 17.237(921) limits an employer’s liability for a work-related injury of a person certified as vocationally handicapped.”
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