March 11, 2010, Introduced by Reps. Tlaib, Young, Gregory, Liss, Smith, Leland, Lipton and Johnson and referred to the Committee on Labor.
A bill to amend 1969 PA 317, entitled
"Worker's disability compensation act of 1969,"
by amending section 361 (MCL 418.361), as amended by 1985 PA 103.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 361. (1) While the incapacity for work resulting from a
personal
injury is partial, the employer shall pay , or cause to be
paid to the injured employee weekly compensation equal to 80% of
the difference between the injured employee's after-tax average
weekly wage before the personal injury and the after-tax average
weekly
wage which that the injured employee is able to earn after
the personal injury, but not more than the maximum weekly rate of
compensation, as determined under section 355. Compensation shall
be paid for the duration of the disability. However, an employer
shall not be liable for compensation under section 351, 371(1), or
this subsection for such periods of time that the employee is
unable to obtain or perform work because of imprisonment or
commission of a crime. As used in this subsection, "commission of a
crime" does not include an alien's working without employment
authorization or an alien's use of false documents to obtain
employment or to seek work.
(2) In cases included in the following schedule, the
disability in each case shall be considered to continue for the
period specified, and the compensation paid for the personal injury
shall be 80% of the after-tax average weekly wage subject to the
maximum and minimum rates of compensation under this act for the
loss of the following:
(a) Thumb, 65 weeks.
(b) First finger, 38 weeks.
(c) Second finger, 33 weeks.
(d) Third finger, 22 weeks.
(e) Fourth finger, 16 weeks.
The loss of the first phalange of the thumb, or of any finger,
shall be considered to be equal to the loss of 1/2 of that thumb or
finger, and compensation shall be 1/2 of the amount above
specified.
The loss of more than 1 phalange shall be considered as the
loss of the entire finger or thumb. The amount received for more
than 1 finger shall not exceed the amount provided in this schedule
for the loss of a hand.
(f) Great toe, 33 weeks.
(g) A toe other than the great toe, 11 weeks.
The loss of the first phalange of any toe shall be considered
to be equal to the loss of 1/2 of that toe, and compensation shall
be 1/2 of the amount above specified.
The loss of more than 1 phalange shall be considered as the
loss of the entire toe.
(h) Hand, 215 weeks.
(i) Arm, 269 weeks.
An amputation between the elbow and wrist that is 6 or more
inches below the elbow shall be considered a hand, and an
amputation above that point shall be considered an arm.
(j) Foot, 162 weeks.
(k) Leg, 215 weeks.
An amputation between the knee and foot 7 or more inches below
the tibial table (plateau) shall be considered a foot, and an
amputation above that point shall be considered a leg.
(l) Eye, 162 weeks.
Eighty percent loss of vision of 1 eye shall constitute the
total loss of that eye.
(3) Total and permanent disability, compensation for which is
provided in section 351 means:
(a) Total and permanent loss of sight of both eyes.
(b) Loss of both legs or both feet at or above the ankle.
(c) Loss of both arms or both hands at or above the wrist.
(d) Loss of any 2 of the members or faculties in subdivisions
(a), (b), or (c).
(e) Permanent and complete paralysis of both legs or both arms
or of 1 leg and 1 arm.
(f) Incurable insanity or imbecility.
(g) Permanent and total loss of industrial use of both legs or
both hands or both arms or 1 leg and 1 arm; for the purpose of this
subdivision such permanency shall be determined not less than 30
days before the expiration of 500 weeks from the date of injury.
(4)
The amounts specified in this clause subsection are all
subject
to the same limitations as to maximum and minimum as above
stated in subsections (1) to (3). In case of For the loss of 1
member while compensation is being paid for the loss of another
member, compensation shall be paid for the loss of the second
member for the period provided in this section. Payments for the
loss of a second member shall begin at the conclusion of the
payments for the first member.