Michigan Compiled Laws
317-1969-8 - Chapter 8 Procedure (418.801...418.899)
Section 418.801 - Payment of Compensation; Time; Manner; Record; Reports; Daily Charges as Elements of Loss; Failure to Notify Carrier of Disability or Death; Interest; Detection and Prevention of Fraud, Waste, and Abuse; Recommendations.

Sec. 801.
(1) Compensation shall be paid promptly and directly to the person entitled thereto and shall become due and payable on the fourteenth day after the employer has notice or knowledge of the disability or death, on which date all compensation then accrued shall be paid. Thereafter compensation shall be paid in weekly installments. Every carrier shall keep a record of all payments made under this act and of the time and manner of making the payments and shall furnish reports, based upon these records, to the agency as the director may reasonably require.
(2) If weekly compensation benefits or accrued weekly benefits are not paid within 30 days after becoming due and payable and there is not an ongoing dispute, $50.00 per day shall be added and paid to the worker for each day over 30 days in which the benefits are not paid. Not more than $1,500.00 in total may be added pursuant to this subsection.
(3) If medical bills or a travel allowance is not paid within 30 days after the carrier has received notice of nonpayment by certified mail and there is no ongoing dispute, $50.00 or the amount of the bill due, whichever is less, shall be added and paid to the worker for each day over 30 days in which the medical bills or travel allowance is not paid. Not more than $1,500.00 in total may be added pursuant to this subsection.
(4) For purposes of rate-making, daily charges paid under subsection (2) shall not constitute elements of loss.
(5) An employer who has notice or knowledge of the disability or death and fails to give notice to the carrier shall pay the penalty provided for in subsection (2) for the period during which the employer failed to notify the carrier.
(6) When weekly compensation is paid pursuant to an award of a worker's compensation magistrate, an arbitrator, the board, the appellate commission, or a court, interest on the compensation shall be paid at a rate calculated in the same manner as interest on a money judgment in a civil action under section 6013(8) of the revised judicature act of 1961, 1961 PA 236, MCL 600.6013.
(7) By April 1, 2012, the director of the worker's compensation agency shall coordinate with the department of technology, management, and budget on the development of comprehensive data and shall file with the secretary of the senate and the clerk of the house of representatives a report making recommendations to the legislature on a system utilizing advanced analytics for the detection and prevention of fraud, waste, and abuse in the worker's compensation system. Additionally, the director shall include information on the number of cases filed, and the number of employees who had benefits reduced as a result of a determination of their wage earning capacity.
History: 1969, Act 317, Eff. Dec. 31, 1969 ;-- Am. 1977, Act 302, Eff. Mar. 30, 1978 ;-- Am. 1981, Act 194, Eff. Jan. 1, 1982 ;-- Am. 1985, Act 103, Imd. Eff. July 30, 1985 ;-- Am. 1994, Act 271, Imd. Eff. July 11, 1994 ;-- Am. 2011, Act 266, Imd. Eff. Dec. 19, 2011 Compiler's Notes: For legislative intent as to severability, see Compiler's note to MCL 418.213.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 317

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)

317-1969-8 - Chapter 8 Procedure (418.801...418.899)

Section 418.801 - Payment of Compensation; Time; Manner; Record; Reports; Daily Charges as Elements of Loss; Failure to Notify Carrier of Disability or Death; Interest; Detection and Prevention of Fraud, Waste, and Abuse; Recommendations.

Section 418.805 - Record of Injuries; Contents; Reports to Bureau.

Section 418.811 - Compensation; Effect of Savings, Insurance, or Other Benefits.

Section 418.815 - Compensation; Waiver of Right, Validity.

Section 418.821 - Assignment, Attachment, or Garnishment; Liability as First Lien on Property of Employer; Enforcement of Assignment to Group Disability or Hospitalization Insurance Company, Health Maintenance Organization, or Medical Care and Hospit...

Section 418.823 - Mental Incompetents or Minors.

Section 418.827 - Third Party Liability.

Section 418.831 - Compensation; Acceptance, Effect.

Section 418.833 - Application for Further Compensation; Overpayment, Recoupment.

Section 418.835 - Redemption of Liability From Personal Injury; Payment of Lump Sum; Proposed Redemption Agreement as Lump Sum Application; Liability of Employer; Hearing; Notice to Employer; Waiver; Use of Fees; Applicability to Proposed Redemption...

Section 418.835a - Worker's Compensation Administrative Revolving Fund; Creation; Administration and Use of Fund; Carry Over.

Section 418.836 - Approval of Redemption Agreement; Findings; Factors Considered in Making Determination; Employer as Party.

Section 418.837 - Approval or Rejection of Redemption Agreements and Lump Sum Applications; Review; Order; Appeal; Finality.

Section 418.841 - Disputes or Controversies Concerning Compensation or Other Benefits; Submission to Bureau; Determination of Questions Arising Under Act; Director as Interested Party; Referral of Claims to Small Claims Division; Notice; Filing Reque...

Section 418.845 - Out-of-State Injuries; Jurisdiction; Benefits.

Section 418.846 - Worker's Compensation Benefits Received Under Law of Another State for Same Personal Injury; Credit.

Section 418.847 - Setting Case for Mediation or Hearing; Hearing; Order; Opinion; Resolution of Case by Mediation.

Section 418.851 - Inquiries and Investigations; Evidence; Place of Hearing; Filing Order With Bureau; Stipulations; Modification or Correction of Errors; Order of Bureau.

Section 418.851a - Repealed. 1989, Act 117, Eff. Mar. 30, 1992.

Section 418.852 - Liability of Carrier or Fund; Determination; Reimbursement of Carrier or Fund.

Section 418.853 - Process and Procedure; Oaths; Subpoenas; Examination of Books and Records; Contempt; Application to Circuit Court.

Section 418.855 - Statement of Injured Employee; Copy; Admissibility as Evidence.

Section 418.858 - Cost of Hearing; Fees of Attorneys and Physicians; Disagreement as to Fees; Application for Hearing; Order; Review; Maximum Attorney Fees; Rules; Special Order Awarding Fees; Computation of Attorney Fees; Limitation on Fees; Reducti...

Section 418.859 - Repealed. 1989, Act 117, Eff. Mar. 30, 1992.

Section 418.859a - Filing Claim for Review; Time; Copy of Testimony, Depositions, and Other Documents.

Section 418.860 - Repealed. 1994, Act 271, Imd. Eff. July 11, 1994.

Section 418.861 - Findings of Fact Conclusive; Questions of Law.

Section 418.861a - Hearing and Decision; Findings of Fact; Definitions; Transcript and Brief; Copies; Reply Brief; Cross Appeal and Brief; Specifications; Review and Decision; Adoption of Order and Opinion; Scope of Review; Remand; Analyses of Eviden...

Section 418.861b - Vexatious Claim or Proceedings; Disciplinary Action.

Section 418.862 - Claim for Review as Stay of Payment; Commencement and Duration of Payment; Withholding Benefits Accruing Prior to Award; Reimbursement of Carrier; Payment by Carrier; Interest; Payments as Accrued Compensation in Determining Attorne...

Section 418.863 - Presentation of Certified Copy of Order to Circuit Court; Judgment.

Section 418.864 - Hearing by Arbitrator; Qualifications of Arbitrator; Adherence to Civil Rules of Evidence; Testimony; Record; Transcript; Costs; Place of Hearing; Briefs; Order; Opinion; Findings of Fact; Review of Questions of Law; Voluntary Arbit...

Section 418.865 - Examination by Physicians; Fee.

Section 418.867 - Investigation Commission; Report, Expenses.

Section 418.891 - Application of Prior Law; New Benefit Rates; Saving Clause; Applicability of Amendments to Personal Injuries and Work-Related Diseases Incurred on or After December 19, 2011.

Section 418.898 - Repeal.

Section 418.899 - Effective Date.