MAINE STATE LEGISLATURE The following document is provided by the LAW AND LEGISLATIVE DIGITAL LIBRARY at the Maine State Law and Legislative Reference Library http://legislature.maine.gov/lawlib Reproduced from scanned originals (text not searchable) STATE OF MICHIGAN orker's· Disability Administrative Rules March, 1991 PREFACE This publication is reprinted under the editorial direction of the Legislative Service Bureau from the text of the Michigan Compiled Laws, supplemented through Act 349 of the 1988 Regular Session of the Michigan Legislature, and from the text of the Michigan Administrative Code, supplemented through Issue No. 10 of the 1988 Michigan Register. Materials in boldface type, particularly catchlines and annotations to the statutes, are not part of the statutes as enacted by the Legislature. Legal Editing Division Legislative Service Bureau STATE OF M8CHIGAN Worker's Disability Compensation Act of 1969 AND Administrative Rules March, 1991 Prepared by the Legislative Service Bureau for the DEPARTMENT OF LABOR BUREAU OF WORKER'S DISABILITY COMPENSATION TABLE OF CONTENTS WORKER'S DISABILITY COMPENSATION ACT OF 1969 Act 317 of 1969 CHAPTER 1 er's compensation magistrates; COVERAGE AND LIABILITY hearings. 418.101 Short title. 418.207 Introductory and continuing legal education courses in worker's com­ 418.111 Persons subject to act. pensation. 418.115 Employers covered; private em­ 418.209 Qualifications advisory committee; pl-oyers; agricultural employers; appointment, qualifications, and medical and hospital coverage. terms of members; quorum; com­ 418.118 Domestic servants. pensation; staff and offices; powers 418.119 Licensed real estate salesperson or and duties of committee. associate real estate broker as 418.210 Development of written examina­ employee. tion; administration of written 418.121 Private employers; voluntary examination to applicants for posi­ assumption of coverage. tion of worker's compensation magistrate; personal interviews of 418.125 Consistent discharges to evade act; successful applicants; forwarding presumption, penalty. names of most qualified applicants 418.131 Exclusive remedy; exception; to governor; appointment of rec­ "employee" and "employer" de­ ommended applicants. fined. 418.211 Hearing referees; appointment, 418.141 Employee; action for personal qualifications. injury or death, defenses abol­ 418.212 Evaluating performance of ished. worker's compensation magis­ 418.151 Employers subject to act. trate; frequency; criteria; report; 418.155 Agricultural employer; definition. response. 418.161 "Employee" defined; exclusion 418.213 Worker's compensation board of from coverage of partner or magistrates; establishment; ap­ spouse, child, or parent in employ­ pointment, qualifications, and er's family; election by employee to terms of members; designation of be excluded; notice of election; chairperson; vacancy; reappoint­ duration of elected exclusion; ment; removal; powers and duties §418.141 inapplicable to certain of chairperson; duties of members; actions. term of chairperson; compensation of members; employment of staff; 418.171 Employer contracting with person board as independent body; powers not subject to act; liability; applica­ and duties of board; rules; assign­ bility of section to principal and ment and reassignment of magis- contractor; willful circumvention trates; office space. of provisions; employer as contrac­ tor; reimbursement agreement. 418.215 Bureau of workmen's compensa­ tion; offices, location. 418.221 Blank forms; printing, cost. CHAPTER 2 ADMINISTRATION 418.222 Application for mediation or hear­ ing; forwarding copy to employer 418.201 Bureau of workmen's compensa­ and carrier; carrier to file written tion; creation, director. response; return of incomplete 418.203 Director; appointment, term, sal­ application or written response; ary, removal, vacancy, expenses. medical records; proof of com­ pliance; contents of application or 418.205 Powers and duties of director. written response; notice of inten­ 418.206 Position of hearing referee abol­ tion to call witnesses; willful ished; powers and duties of work- noncompliance. TABLE OF CONTENTS 418.223 Mediation of claim; circumstances; office hours; personal case confer­ sch~duling mediation conference; ences; repeal of section. dutIes of bureau prior to mediation conference; recommendations by 418.266 Repeal of §§418.251, 418.252, and mediator; application for hearing; 418.261; remand of cases; review pretrial conference; willful non­ and decisions by appeal board. compliance. 418.274 Worker's compensation appellate 418.225 Statistics; compiling, annual commission; establishment as report. autonomous entity; appointment; qualifications, and terms of mem­ 418.230 Confidential records; exceptions. bers; vacancy; reappointment; 418.231 Obsolete records; destruction. removal for good cause; designa­ 418.235 Conducting business at public tion of chairperson; powers and meeting; notice of meeting; avail­ duties of chairperson; duties of ability of writings to public. members; term of chairperson; salary and expenses of members; 418.251 Repealed. employment of staff; power and 418.252 Worker's compensation appeal authority of commission; rules on board; creation; appointment, administrative appellate proce­ qualifications, and terms of mem­ dures; assignment and reassign­ bers; vacancy; designation of ment of matters; decisions; review chairperson; removal of member; and decision by entire commission; productivity standards; effect of written opinions; publication of illness or disability; certification; opinions; office space. repeal of section. 418.253 Worker's compensation appeal CHAPTER 3 board; creation; appointment and COMPENSATION qualifications of permanent mem­ 418.301 Compensation for personal injury bers; restriction; vacancy; designa­ or death resulting from personal tion of chairperson; list of qualified injury arising out of and in the adjunct members; requirements; course of employment; time or date adjunct members as employer of injury; compensation for mental representative or employee repre­ disabilities and conditions of aging sentative; employment of chief process; presumption; injury administrative officer; powers and incurred in pursuit of social or duties of chairperson; rules; recreational activity; "disability" assignment of pending cases to defined; determining entitlement panel; review; disqualification of to weekly wage loss benefits; notice adjunct member; decisions; fee; to Michigan employment security repeal of §§418.253, 418.255, commission; priorities in finding 418.265, 418.85la, and 418.859; employment; notice of employee remand of cases; review and deci­ refusing offer of employment; sion by appellate commission; termination of benefits; "reasona­ effective date. ble employment" defined; payment 418.255 Worker's compensation appeal of benefits to persons incarcerated board as independent body; powers in penal institution or confined in and duties; repeal of section. mental institution; discrimination prohibited; personal injuries and 418.261 Worker's compensation appeal work related diseases to which board; employment of chief admi­ section applicable. nistrative officer; powers and 418.305 duties of chairperson; rules on Wilful misconduct of employee. administrative appellate proce­ 418.311 Compensation payments; computa­ dure; disposition of matters pend­ tions. ing on review; composition and 418.313 "After-tax average weekly wage" decisions of panel; preliminary defined; tables. review of matters before appeal 418.315 board; deadline for disposition of Furnishing medical care for injury cases; report; repeal of section. arising out of and in course of employment; attendant or nursing 418.265 Worker's compensation appeal care; selection of physician by board; salary and expenses; offices; employee; objection; order; other TABLE OF CONTENTS services and appliances; proration 418.357 Employee 65 or older; reduction of of attorney fees; fees and other weekly payments; exception. charges subject to rules; advisory 418.358 Reduction of benefits. committee; excessive fees or unjus­ 418.359 Repealed. tified treatment, hospitalization, or visits; review of records and 418.360 Professional athlete; weekly benef­ medical bills; utilization review; its; condition; benefits under other effect of accepting payment; sub­ provisions. mitting false or misleading infor­ 418.361 Partial incapacity for work; mation as misdemeanor; penalty; amount and duration of compensa- improper over-utilization or inap­ tion; effect of imprisonment or propriate health care or health commission of crime; scheduled services; appeal; criteria or stand­ disabilities; meaning of total and ards; certification; unusual health permanent disability; limitations; care or service. payment for loss of second 418.319 Medical or vocational rehabilita- member. tion services. 418.364 Bi-annual study required; report and recommendations. 418.321 Compensation for death resulting from personal injury. 418.371 Weekly loss in wages; average weekly wage. 418.331 Persons conclusively presumed to 418.372 Employee engaged in more than 1 be wholly dependent for support employment at time of personal upon deceased employee. injury or personal injury resulting 418.335 Cessation of payments upon in death; liability; apportionment remarriage of dependent wife or of weekly benefits; exception. upon dependent person reaching 418.373 Employee receiving nondisability certain age; reinstatement of pension or retirement benefits, dependency;