Sec. 373.
(1) An employee who terminates active employment and is receiving nondisability pension or retirement benefits under either a private or governmental pension or retirement program, including old-age benefits under the social security act, 42 U.S.C. 301 to 1397f, that was paid by or on behalf of an employer from whom weekly benefits under this act are sought shall be presumed not to have a loss of earnings or earning capacity as the result of a compensable injury or disease under either this chapter or chapter 4. This presumption may be rebutted only by a preponderance of the evidence that the employee is unable, because of a work related disability, to perform work suitable to the employee's qualifications, including training or experience. This standard of disability supersedes other applicable standards used to determine disability under either this chapter or chapter 4.
(2) This section shall not be construed as a bar to an employee receiving medical benefits under section 315 upon the establishment of a causal relationship between the employee's work and the need for medical treatment.
History: Add. 1980, Act 357, Eff. Jan. 1, 1982 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Section 418.359 - Repealed. 1985, Act 103, Imd.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Section 418.364 - Repealed. 2011, Act 266, Imd.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.