February 1, 2005, Introduced by Reps. Anderson, Farrah, Hopgood, Gillard, Alma Smith, Gonzales, Sak, Gleason and Vagnozzi and referred to the Committee on Employment Relations, Training, and Safety.
A bill to amend 1969 PA 317, entitled
"Worker's disability compensation act of 1969,"
by amending section 852 (MCL 418.852), as added by 1985 PA 103.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 852. (1) The liability of a carrier or fund regarding a
claim
under this act shall be determined by the hearing referee or
worker's
compensation magistrate , as applicable, at the time of
the award of benefits.
(2) If the worker's compensation magistrate determines that a
claimant is entitled to an award of benefits, the magistrate shall
order payment by the liable carrier or fund in the following
amounts:
(a) The weekly wage loss benefits from the date of injury to
the date of the award, with interest at 12%, and continuing
thereafter for the period as determined by the magistrate.
(b) All medical bills, including any rehabilitation costs, not
previously paid that are related to the claim.
(c) All other costs, including attorney fees subject to
section 858, incurred by the claimant to reinstate his or her
benefits.
(3) (2)
If a carrier or fund originally
determined to be
liable pursuant to subsection (1) is subsequently determined to not
be liable or not to the same extent as originally determined, that
carrier or fund shall be reimbursed by the liable party or parties
with interest at 12% per annum.