HOUSE BILL No. 4754

April 1, 2009, Introduced by Rep. Jackson and referred to the Committee on Labor.

A bill to amend 1969 PA 317, entitled

"Worker's disability compensation act of 1969,"

(MCL 418.101 to 418.941) by adding section 352a.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 352a. (1) An employee receiving or entitled to receive

benefits under section 351 or the dependent of a deceased employee

receiving or entitled to receive benefits under section 321 whose

benefits are based on a date of personal injury after December 31,

1979 is entitled to a supplement to weekly compensation. The

supplement shall be computed using the total annual percentage

change in the most comprehensive index of consumer prices available

for this state from the bureau of labor statistics of the United

States department of labor. The supplement shall be computed as a

percentage of the weekly compensation rate that the employee or the

dependent of a deceased employee is receiving or is entitled to

receive on the later of the date of injury or January 1, 2010,

rounded to the nearest dollar. The supplement shall not exceed 5%

compounded for each calendar year during the period the employee or

dependent of a deceased employee is entitled to benefits under this

act. A supplement under this section is not due and shall not be

paid retroactively for any period of disability before January 1,

2010.

(2) On December 1 of each year beginning in 2010, the director

shall announce the supplement percentages payable during the next

calendar year.

(3) Except as to those injuries that are eligible for

supplemental compensation under section 352, all personal injuries

for which compensation is payable as weekly compensation under this

act shall be paid at a rate determined pursuant to this section.

(4) An employee who is eligible to receive differential

benefits from the second injury fund shall be paid the supplement

under this section as reduced by the amount of the differential

payments being made to the employee by the second injury fund at

the time of the payment of the supplement under this section.

(5) The supplement paid under this section, when added to the

original benefit, shall not exceed the maximum weekly rate of

compensation provided in section 355 in effect on the date of the

adjustment.

(6) An employee is not entitled to supplements under this

section for a personal injury for which the liability has been

redeemed.