November 14, 2006, Introduced by Reps. Robertson, Condino and Hildenbrand 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 360 (MCL 418.360).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 360. (1) A person who suffers an injury arising out of
and in the course of employment as a professional athlete shall be
entitled to weekly benefits only when the person's average weekly
wages
in all employments at the time of application for benefits,
and
thereafter date of injury, as computed in accordance with
section 371, are less than 200% of the state average weekly wage.
(2) This section shall not be construed to prohibit an
otherwise eligible person from receiving benefits under section
315, 319, or 361.
(3) A person who suffers an injury arising out of and in the
course of employment as a professional athlete shall be presumed
not to have a loss of earnings or earning capacity as the result of
a compensable injury or disease under this act during the off-
season when the sport is not played. This presumption may be
rebutted only by a preponderance of the evidence showing that the
person suffered a loss of earning capacity and wage loss in all
off-season employment within the employee's qualifications,
training, and experience.