April 21, 2005, Introduced by Reps. Hopgood, Lemmons, III, Plakas, Kathleen Law, Donigan, Bennett and Tobocman 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 801 (MCL 418.801), as amended by 1994 PA 271.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
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. Compensation or a lump sum required to be paid
under a settlement or redemption agreement is due and owing on the
date of the settlement or redemption agreement and is payable in
accordance with the terms of the settlement or redemption
agreement. 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 bureau
as the director may reasonably require.
(2)
If weekly compensation benefits, or accrued weekly
benefits, are
benefits under a settlement,
or a lump sum under a
redemption agreement is not paid within 30 days after becoming due
and payable, in cases where 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 However, for a delay
in paying weekly compensation benefits or accrued weekly benefits,
not more than $1,500.00 in total may be added pursuant
to under
this subsection.
(3) If medical bills or travel allowance are not paid within
30 days after the carrier has received notice of nonpayment by
certified mail, in cases where 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 are not paid. Not more than
$1,500.00
in total may be added pursuant to under this
subsection.
(4) For purposes of rate-making, daily charges paid under
subsection
(2) shall do 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 under subsection (2) for the period
during which the employer failed to notify the carrier.
(6)
When weekly compensation is paid pursuant to under
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 the rate of 10% per annum from the
date each payment was due, until paid.