Sec. 302.
As used in chapters 3 and 4, "wage earning capacity" means the wages the employee earns or is capable of earning at a job reasonably available to that employee if the employee is a member of a full-paid fire department of an airport run by a county road commission in counties of 1,000,000 population or more or by a state university or college or of a full-paid fire or police department of a city, township, or incorporated village employed and compensated upon a full-time basis, a county sheriff or the deputy of the county sheriff, a member of the state police, a conservation officer, a motor carrier inspector of the Michigan public service commission, or any employee of any authority, district, board, or any other entity created in whole or in part by the authorization of 1 or more cities, counties, villages, or townships, whether created by statute, ordinance, contract, resolution, delegation, or any other mechanism, who is engaged as a police officer, or in firefighting or subject to the hazards thereof. For the purposes of establishing a limitation of wage earning capacity, an employee has an affirmative duty to seek work reasonably available to that employee, taking into consideration the limitations from the work-related injury or disease. A magistrate may consider good-faith job search efforts to determine whether jobs are reasonably available.
History: Add. 2011, Act 266, Imd. Eff. Dec. 19, 2011 Compiler's Notes: Enacting section 2 of Act 266 of 2011 provides:"Enacting section 2. This amendatory act applies to injuries incurred on or after its effective date."Popular Name: Act 317Popular Name: Heart and Lung Act
Structure Michigan Compiled Laws
Chapter 418 - Worker's Disability Compensation
Act 317 of 1969 - Worker's Disability Compensation Act of 1969 (418.101 - 418.941)
317-1969-3 - Chapter 3 Compensation (418.301...418.391)
Section 418.302 - "Wage Earning Capacity" Defined.
Section 418.305 - Wilful Misconduct of Employee.
Section 418.311 - Compensation Payments; Computations.
Section 418.313 - “After-Tax Average Weekly Wage” Defined; Tables.
Section 418.315a - Medical Marihuana Treatment; Reimbursement by Employer Not Required.
Section 418.319 - Medical or Vocational Rehabilitation Services.
Section 418.321 - Compensation for Death Resulting From Personal Injury.
Section 418.341 - Dependents; Qualifications; Party in Interest.
Section 418.352 - Supplement to Weekly Compensation.
Section 418.353 - Determination of Dependency.
Section 418.354 - Coordination of Benefits.
Section 418.355 - Adjustment of Maximum Weekly Rate; Computing Supplemental Benefit.
Section 418.357 - Employee 65 or Older; Reduction of Weekly Payments; Exception.
Section 418.358 - Reduction of Benefits.
Section 418.359 - Repealed. 1985, Act 103, Imd. Eff. July 10, 1985.
Section 418.364 - Repealed. 2011, Act 266, Imd. Eff. Dec. 19, 2011.
Section 418.371 - Weekly Loss in Wages; Average Weekly Wage.
Section 418.375 - Death of Injured Employee; Death Benefits in Lieu of Further Disability Indemnity.
Section 418.383 - Notice of Injury; Unintentional Errors; Actual Knowledge.