Key Concepts and Statutory Provisions

  • MCL 418.301(1)—Definition of Personal Injury: “A personal injury …is compensable if work causes, contributes to, or aggravates pathology in a manner so as to create a pathology that is medically distinguishable from any pathology that existed prior to the injury.”
  • If the injury cannot be attributed to any single event, the time of injury or date of injury is the last day of work in the employment in which employee was last subjected to the conditions that resulted in disability or death.
  • MCL 418.301(1)—Definition of Personal Injury: “A personal injury …is compensable if work causes, contributes to, or aggravates pathology in a manner so as to create a pathology that is medically distinguishable from any pathology that existed prior to the injury.” Rakestraw v General Dynamics, 469 Mich 220 (2003)
  • If the injury cannot be attributed to any single event, the time of injury or date of injury is the last day of work in the employment in which employee was last subjected to the conditions that resulted in disability or death.
  • MCL 418.301(2)-Conditions of the Aging Process: Mental disabilities and conditions of the aging process, including but not limited to heart and cardiovascular conditions and degenerative arthritis, are compensable if contributed to or aggravated or accelerated by the employment in a significant manner.
  • Mental disabilities must arise out of actual events of employment, not unfounded perceptions, and if the perception of the actual event is reasonably grounded in fact or reality. Robertson v DaimlerChrysler, 465 Mich 732 (2002)
  • MCL 418.301(3)—To and From Work: An employee who is going to or from work, while on the premises where the employee’s work is to be performed, and within a reasonable time before and after his work hours, is presumed to be in the course of employment.
  • Injury pursued in the course of activity of purely recreational or social purpose is not compensable.
  • MCL 418.315(1)—Medical Care: Employer will furnish reasonable medical, surgical and hospital services and medicine to an injured employee.
    • After 28 days from inception of medical care as provided in section, the employee may treat with a physician of choice by giving the employer the name of the physician and notifying the employer of the intent to treat.
    • Employer may file application to object, but carries the burden to show why treatment is inappropriate.
  • MCL 418.354 Coordination:
    • Limit reduction of weekly benefits payable to 50% if the employee had been receiving old age SS benefits before the date of the workrelated injury or disease.
    • Also may coordinate any benefit received under a self-insurance, wage continuation plan, disability insurance plan, pension or retirement plan maintained, paid for or established by employer.
    • Lump sum or profit sharing payout may be coordinated over the life expectancy of worker.
  • MCL 418.357-Age 65 Reduction: Weekly benefits may be reduced at 5% beginning at age 65 through age 74. The maximum reduction is 50%.
  • Employer may chose between social security coordination and age reduction at any time.
  • MCL 418.358—Unemployment Benefits: Allow for coordination of UE benefits even if not chargeable to the employer.
  • MCL 418.361(1)—Imprisonment: Employer is not liable for wage loss benefits for periods of time employee unable to work due to imprisonment or commission of a crime.
  • MCL 418.361(2)—Specific Loss:
    • Loss of digit, limb, or eye, or loss of industrial use thereof, and Act requires payment of wage loss benefits for a specified number of weeks, regardless of disability and wage loss.
    • No coordination of benefits.
    • Payable even if return to work.
  • MCL 418.381(2) and (3)—Back Rules:
    • Any compensation sought under the Act shall not be paid for any period of time earlier than 2 years immediately preceding the date on which the employee filed an application for hearing with the Agency.
    • Payment for nursing or attendant care shall not be made for any period more than 1 year before the date an application is filed with the Agency.
  • MCL 418.833 (1) and (2)—Further Compensation and overpayment:
    • If payment is made, other than medical, and application for further payment is made, payment cannot be ordered for more than 1 year prior to filing of application.
    • If employer/carrier makes overpayment, no recoupment of benefits allowed for period more than 1 year prior to taking such action.