Michigan Compiled Laws
317-1969-3 - Chapter 3 Compensation (418.301...418.391)
Section 418.373 - Employee Receiving Nondisability Pension or Retirement Benefits, Including Old-Age Benefits; Presumption; Other Standards of Disability Superseded; Medical Benefits Under MCL 418.315 Not Barred.

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

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 418.301 - Compensation for Personal Injury or Death in Course of Employment; Time or Date of Injury; Compensation for Mental Disabilities and Conditions of Aging Process; Presumption; Injury Incurred in Pursuit of Social or Recreational Activ...

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 418.315 - Furnishing Medical Care for Injury Arising Out of and in Course of Employment; Optometric Service; Chiropractic Service; Physical Therapy Service; Attendant or Nursing Care; Selection of Physician by Employee; Objection; Order; Othe...

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 418.331 - Persons Conclusively Presumed to Be Wholly Dependent for Support Upon Deceased Employee.

Section 418.335 - Cessation of Payments Upon Remarriage of Dependent Wife or Upon Dependent Person Reaching Certain Age; Reinstatement of Dependency; Persons to Whom Section Applicable.

Section 418.341 - Dependents; Qualifications; Party in Interest.

Section 418.345 - Death Resulting From Injury; Expense of Last Sickness, Funeral, and Burial; Payment by Employer; Limitation; Application; Order.

Section 418.351 - Total Incapacity for Work; Amount and Duration of Compensation; Limitation on Conclusive Presumption of Total and Permanent Disability; Determining Question of Permanent and Total Disability.

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 418.356 - Increase in Benefits After 2 Years of Continuous Disability; Petition for Hearing; Evidence; Order for Adjustment of Compensation; Payment; Reimbursement From Second Injury Fund; Minimum Weekly Benefit for Death; Minimum Weekly Bene...

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 418.360 - Professional Athlete; Weekly Benefits; Condition; Benefits Under Other Provisions; Exemptions.

Section 418.361 - Effect of Imprisonment or Commission of Crime; Scheduled Disabilities; Meaning of Total and Permanent Disability; Limitations; Payment for Loss of Second Member.

Section 418.364 - Repealed. 2011, Act 266, Imd. Eff. Dec. 19, 2011.

Section 418.371 - Weekly Loss in Wages; Average Weekly Wage.

Section 418.372 - Employee Engaged in More Than 1 Employment at Time of Personal Injury or Personal Injury Resulting in Death; Liability; Apportionment of Weekly Benefits; Exception.

Section 418.373 - Employee Receiving Nondisability Pension or Retirement Benefits, Including Old-Age Benefits; Presumption; Other Standards of Disability Superseded; Medical Benefits Under MCL 418.315 Not Barred.

Section 418.375 - Death of Injured Employee; Death Benefits in Lieu of Further Disability Indemnity.

Section 418.381 - Claim for Compensation; Time Limit; Extension of Time Period; Payment for Nursing or Attendant Care; Compliance.

Section 418.383 - Notice of Injury; Unintentional Errors; Actual Knowledge.

Section 418.385 - Physical Examination of Employee; Payment; Report; Copy; Evidence; Failure of Party to Provide Medical Report.

Section 418.391 - Compensation Supplement Fund; Creation; Administration; Appropriation; Rules; Payments; Personnel; Recommendations; Carrying Forward Unexpended Funds; Reduction of Appropriation; Report; Reimbursement of Insurers, Self-Insurers, Sec...