Bill Text: MI HB5237 | 2021-2022 | 101st Legislature | Introduced
Bill Title: Worker's compensation: other; certain references in the worker's compensation act; make gender neutral. Amends secs. 118, 335 & 353 of 1969 PA 317 (MCL 418.118 et seq.). TIE BAR WITH: HJR J'21
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2021-07-14 - Bill Electronically Reproduced 07/01/2021 [HB5237 Detail]
Download: Michigan-2021-HB5237-Introduced.html
HOUSE BILL NO. 5237
A bill to amend 1969 PA 317, entitled
"Worker's disability compensation act of 1969,"
by amending sections 118, 335, and 353 (MCL 418.118, 418.335, and 418.353), section 335 as amended by 1994 PA 271 and section 353 as amended by 2011 PA 266.
the people of the state of michigan enact:
Sec. 118. (1) No household domestic servant shall be considered an employee if the person is a wife, spouse, child, or other member of the employer's family residing in the home, and no householder shall be deemed considered a statutory principal within the meaning of section 171 for the purposes of this section.
(2) No private employer shall be is liable under this act to any person who is employed by him the private employer as a household domestic servant for less than 35 hours per week for 13 weeks or longer during the preceding 52 weeks, notwithstanding the provisions of section 611 or any other provision of this act, unless such the person assume assumes liability under section 121.
(3) A As used in this act, "household domestic servant" or "domestic" as used in this act means a person who engages in work or activity relating to the operation of a household and its surroundings whether or not he the person resides therein.
Sec. 335. (1) Upon the remarriage of a dependent wife spouse receiving compensation, such payments shall cease upon the payment to her the spouse of the balance of the compensation to which she the spouse would otherwise have been entitled but not to exceed the sum of $500.00, and further compensation, if any, shall be payable to the person either wholly or partially dependent upon the deceased for support at his or her death as provided in section 331(b). 331. A worker's compensation magistrate shall determine the amount of compensation or portion thereof that shall be payable weekly to such wholly or partially dependent person for the remaining weeks of compensation. Where, If, at the expiration of the 500-week period, any such wholly or partially dependent person is less than 18 years of age, a worker's compensation magistrate may order the employer to continue to pay the weekly compensation, or some portion thereof, until such wholly or partially dependent person reaches the age of 18. The payment of compensation to any dependent child shall cease when the child reaches the age of 18 years, if at the age of 18 years he or she is neither physically nor mentally incapacitated from earning, or when the child reaches the age of 16 years and thereafter is self-supporting for 6 months. If the child ceases to be self-supporting thereafter, the dependency shall be reinstated. Such remaining compensation, if any, shall be payable to the person either wholly or partially dependent upon the deceased employee for support at the time of the employee's death, as provided in the case of the remarriage of a dependent wife.spouse.
(2) This section shall apply to all persons who are entitled to receive compensation or are receiving compensation under this act on July 30, 1985 and who have not attained the age of 18 years on July 30, 1985.
Sec. 353. (1) For the purposes of sections 351 to 361, dependency shall be determined as follows:
(a) A child under the age of 16 years, or 16 years or over if physically or mentally incapacitated from earning, living with his or her parent at the time of the injury of that parent.
(b) In all other cases questions of dependency shall be determined in accordance with the facts at the time of the injury, except as provided in subsection (3). A person shall not be considered a dependent unless he or she is a member of the family of the injured employee, or unless the person bears to the injured employee the relation of husband or wife, spouse, or lineal descendent, or ancestor or brother or sister. Except as to a person conclusively presumed to be a dependent, a person who receives less than 1/2 of his or her support from an injured employee shall not be considered to be a dependent.
(2) Weekly payments to an injured employee shall be reduced by the additional amount provided for any dependent child or spouse or other dependent when the child either reaches the age of 18 years or after becoming 16 ceases for a period of 6 months to receive more than 1/2 of his or her support from the injured employee, if at that time the child is neither physically nor mentally incapacitated from earning; when the spouse is divorced by final decree from his or her injured spouse; or when the child, spouse, or other dependent is deceased.
(3) An increase in payments shall be made for increased numbers of conclusive dependents as defined in this act who were not dependent at the time of the injury of an employee.
Enacting section 1. This amendatory act does not take effect unless Senate Joint Resolution ____ or House Joint Resolution ____ (request no. 02344'21) of the 101st Legislature becomes a part of the state constitution of 1963 as provided in section 1 of article XII of the state constitution of 1963.
