Bill Text: MI HB5952 | 2009-2010 | 95th Legislature | Introduced

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Bill Title: Worker's compensation; definitions; definition of commission of crime for eligibility; provide for. Amends sec. 361 of 1969 PA 317 (MCL 418.361).

Spectrum: Partisan Bill (Democrat 8-0)

Status: (Introduced - Dead) 2010-03-16 - Printed Bill Filed 03/12/2010 [HB5952 Detail]

Download: Michigan-2009-HB5952-Introduced.html

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HOUSE BILL No. 5952

 

March 11, 2010, Introduced by Reps. Tlaib, Young, Gregory, Liss, Smith, Leland, Lipton and Johnson and referred to the Committee on Labor.

 

     A bill to amend 1969 PA 317, entitled

 

"Worker's disability compensation act of 1969,"

 

by amending section 361 (MCL 418.361), as amended by 1985 PA 103.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 361. (1) While the incapacity for work resulting from a

 

personal injury is partial, the employer shall pay , or cause to be

 

paid to the injured employee weekly compensation equal to 80% of

 

the difference between the injured employee's after-tax average

 

weekly wage before the personal injury and the after-tax average

 

weekly wage which that the injured employee is able to earn after

 

the personal injury, but not more than the maximum weekly rate of

 

compensation, as determined under section 355. Compensation shall

 

be paid for the duration of the disability. However, an employer

 

shall not be liable for compensation under section 351, 371(1), or

 

this subsection for such periods of time that the employee is

 

unable to obtain or perform work because of imprisonment or

 

commission of a crime. As used in this subsection, "commission of a

 

crime" does not include an alien's working without employment

 

authorization or an alien's use of false documents to obtain

 

employment or to seek work.

 

     (2) In cases included in the following schedule, the

 

disability in each case shall be considered to continue for the

 

period specified, and the compensation paid for the personal injury

 

shall be 80% of the after-tax average weekly wage subject to the

 

maximum and minimum rates of compensation under this act for the

 

loss of the following:

 

     (a) Thumb, 65 weeks.

 

     (b) First finger, 38 weeks.

 

     (c) Second finger, 33 weeks.

 

     (d) Third finger, 22 weeks.

 

     (e) Fourth finger, 16 weeks.

 

     The loss of the first phalange of the thumb, or of any finger,

 

shall be considered to be equal to the loss of 1/2 of that thumb or

 

finger, and compensation shall be 1/2 of the amount above

 

specified.

 

     The loss of more than 1 phalange shall be considered as the

 

loss of the entire finger or thumb. The amount received for more

 

than 1 finger shall not exceed the amount provided in this schedule

 

for the loss of a hand.

 

     (f) Great toe, 33 weeks.

 

     (g) A toe other than the great toe, 11 weeks.

 

     The loss of the first phalange of any toe shall be considered

 

to be equal to the loss of 1/2 of that toe, and compensation shall

 

be 1/2 of the amount above specified.

 

     The loss of more than 1 phalange shall be considered as the

 

loss of the entire toe.

 

     (h) Hand, 215 weeks.

 

     (i) Arm, 269 weeks.

 

     An amputation between the elbow and wrist that is 6 or more

 

inches below the elbow shall be considered a hand, and an

 

amputation above that point shall be considered an arm.

 

     (j) Foot, 162 weeks.

 

     (k) Leg, 215 weeks.

 

     An amputation between the knee and foot 7 or more inches below

 

the tibial table (plateau) shall be considered a foot, and an

 

amputation above that point shall be considered a leg.

 

     (l) Eye, 162 weeks.

 

     Eighty percent loss of vision of 1 eye shall constitute the

 

total loss of that eye.

 

     (3) Total and permanent disability, compensation for which is

 

provided in section 351 means:

 

     (a) Total and permanent loss of sight of both eyes.

 

     (b) Loss of both legs or both feet at or above the ankle.

 

     (c) Loss of both arms or both hands at or above the wrist.

 

     (d) Loss of any 2 of the members or faculties in subdivisions

 

(a), (b), or (c).

 

     (e) Permanent and complete paralysis of both legs or both arms

 

or of 1 leg and 1 arm.

 

     (f) Incurable insanity or imbecility.

 

     (g) Permanent and total loss of industrial use of both legs or

 

both hands or both arms or 1 leg and 1 arm; for the purpose of this

 

subdivision such permanency shall be determined not less than 30

 

days before the expiration of 500 weeks from the date of injury.

 

     (4) The amounts specified in this clause subsection are all

 

subject to the same limitations as to maximum and minimum as above

 

stated in subsections (1) to (3). In case of For the loss of 1

 

member while compensation is being paid for the loss of another

 

member, compensation shall be paid for the loss of the second

 

member for the period provided in this section. Payments for the

 

loss of a second member shall begin at the conclusion of the

 

payments for the first member.