June 5, 2008, Introduced by Reps. Agema, Robertson, Elsenheimer, Rocca, Steil, Knollenberg, Stahl, Mayes, LaJoy, Opsommer, Pearce, Marleau, Garfield, Hoogendyk, Sheen, Amos and Rick Jones and referred to the Committee on Oversight and Investigations.
A bill to amend 1969 PA 317, entitled
"Worker's disability compensation act of 1969,"
by amending sections 141 and 230 (MCL 418.141 and 418.230), section
230 as amended by 2002 PA 566, and by adding section 307.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 141. (1) In an action to recover damages for personal
injury sustained by an employee in the course of his employment or
for death resulting from personal injuries so sustained it shall
not be a defense:
(a) That the employee was negligent, unless it shall appear
that such negligence was wilful.
(b) That the injury was caused by the negligence of a fellow
employee.
(c) That the employee had assumed the risks inherent in or
incidental to, or arising out of his employment, or arising from
the failure of the employer to provide and maintain safe premises
and suitable appliances.
(2) In an action based on negligence or gross negligence that
seeks damages for personal injury sustained by an employee in the
course of employment or for death resulting from personal injuries
sustained in the course of employment, it is an absolute defense if
all of the following conditions are present:
(a) The employee is an undocumented alien who is not permitted
to work in the United States under federal law.
(b) The employee presented fraudulent identification to the
employer.
(c) The employer did not know and had no reason to believe
that the employee was not permitted to work in the United States.
Sec. 230. (1) Except as otherwise provided in this section,
the following records are confidential and exempt from disclosure
under the freedom of information act, 1976 PA 442, MCL 15.231 to
15.246:
(a) Records submitted by an individual employer or a group of
employers to the bureau in support of an application for self-
insured status in the manner provided in section 611.
(b) Information concerning the injury of and benefits paid to
an individual worker. This includes, but is not limited to, all
forms, records, and reports filed with or maintained by the bureau
concerning the injury of or benefits paid to a worker.
(c) Worker's disability compensation insurance policy
information submitted to the bureau by an individual employer or
group of employers in accordance with section 615 or a notice of
issuance of a policy submitted to the bureau by an insurer in
accordance with section 625.
(2) The bureau may release, disclose, or publish information
described in subsection (1) under the following circumstances:
(a) In the case of subsection (1)(a), (b), or (c), the bureau
may disclose or publish aggregate information for statistical or
research purposes so long as it is disclosed or published in such a
way that the confidentiality of information concerning individual
workers and the financial records of individual employers or self-
insured employers or insurers is protected. The bureau may also
release individual records to a recognized academic or scholarly
institution for research purposes if it is provided with sufficient
assurance that the outside individual or agency will preserve the
confidentiality of information concerning individual workers and
the financial records of individual self-insured employers.
(b) In the case of subsection (1)(b), the bureau may release
information to another governmental agency if the governmental
agency provides the bureau with sufficient assurance that it will
preserve the confidentiality of the information. The other agency
may use this information to determine the eligibility of an
individual for benefits provided or regulated by that agency. The
bureau or another agency may disclose the information if it
determines that the individual is receiving benefits to which he or
she is not entitled as the result of receiving more than 1 benefit
at the same time.
(c) Except as otherwise provided, information disclosed in
accordance with subdivision (a) or (b) shall continue to be exempt
from disclosure under the freedom of information act, 1976 PA 442,
MCL 15.231 to 15.246.
(d) In the case of subsection (1)(b), the bureau may release
individual records to a nonprofit health care corporation, as
defined in section 105 of the nonprofit health care corporation
reform act, 1980 PA 350, MCL 550.1105, for the sole purpose of
determining financial liability for the payment of benefits
provided by the corporation. Any information provided to the
nonprofit health care corporation shall be confidential, as
provided in section 406 of the nonprofit health care corporation
reform act, 1980 PA 350, MCL 550.1406. In a dispute over who
assumes liability for the payment of benefits for a particular
claim, the nonprofit health care corporation shall initiate payment
of benefits pending resolution of the dispute.
(e) In the case of subsection (1)(c), in response to a request
that pertains to a specific employer and includes the employer's
address and the date of injury of the claim for which the
information is requested, the bureau may disclose the name and
address of the insurer that, according to the records of the
bureau, provided coverage on the date of injury, but shall not
disclose the effective date or expiration date of the policy.
(3) The confidentiality provided for in subsection (1) does
not apply to records maintained by the bureau that are part of or
directly related to a contested case. For the purposes of this
subsection, a matter shall be considered a contested case when it
is the subject of a request for a formal hearing before the
director or an application filed in accordance with section 847.
(4) Any employee is entitled to inspect and obtain a copy of
any record maintained by the bureau concerning himself or herself.
Any employer is entitled to inspect and obtain a copy of any record
maintained by the bureau concerning itself.
(5) The confidentiality provided for in subsection (1)(a) does
not apply to the records of a self-insured employer that becomes
unable to pay benefits under this act due to insolvency or
declaration of bankruptcy.
(6) This section does not limit the power of a court of law to
subpoena records relevant to a matter pending before it.
(7) Notwithstanding this section, the bureau shall release
information to the title IV-D agency in accordance with section 4
of
the office of child support act, 1971 PA 174, MCL 400.231 to
400.239
400.234. As used in this subsection, "title IV-D
agency"
means that term as defined in section 2 of the support and
parenting time enforcement act, 1982 PA 295, MCL 552.602.
(8) Notwithstanding subsection (1), an officer or employee of
the bureau who receives information indicating or giving reason to
believe that a claim for benefits under this act has been filed by
an undocumented alien shall immediately report that information to
either the federal bureau of investigation or the federal
immigration and naturalization service.
Sec. 307. No compensation shall be paid under this act for an
injury sustained by an employee if all of the following
circumstances are present:
(a) The employee is an undocumented alien who is not permitted
to work in the United States under federal law.
(b) The employee presented fraudulent identification to the
employer.
(c) The employer did not know and had no reason to believe
that the employee was not permitted to work in the United States.