November 13, 2008, Introduced by Senator KUIPERS and referred to the Committee on Commerce and Tourism.
A bill to amend 1969 PA 317, entitled
"Worker's disability compensation act of 1969,"
by amending sections 360, 385, and 865 (MCL 418.360, 418.385, and
418.865), section 385 as amended by 1985 PA 103.
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 or
semiprofessional 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, 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.
Sec. 385. After the employee has given notice of injury and
from time to time thereafter during the continuance of his or her
disability,
if so requested by the employer or the carrier, he or
she
the employee shall submit himself or herself to an examination
by
a physician or surgeon authorized to practice medicine under the
laws
of the a certified nurse
practitioner, licensed, registered,
certified, or otherwise authorized to practice in this state,
furnished and paid for by the employer or the carrier. If an
examination relative to the injury is made, the employee or his or
her attorney shall be furnished, within 15 days of a request, a
complete
and correct copy of the report of every such physical
examination relative to the injury performed by the physician or
certified nurse practitioner making the examination on behalf of
the employer or the carrier. The employee shall have the right to
have a physician or certified nurse practitioner provided and paid
for
by himself or herself present at the examination. If he or she
the employee refuses to submit himself or herself for the
examination, or in any way obstructs the same, his or her right to
compensation shall be suspended and his or her compensation during
the period of suspension may be forfeited. Any physician or
certified
nurse practitioner who makes or is
present at any such
the examination may be required to testify under oath as to the
results
thereof of the examination. If the employee has had other
physical examinations relative to the injury but not at the request
of
the employer or the carrier, he or she the employee shall
furnish to the employer or the carrier a complete and correct copy
of
the report of each such physical examination, if so requested,
within 15 days of the request. If a party fails to provide a
medical report regarding an examination or medical treatment, that
party shall be precluded from taking the medical testimony of that
physician or certified nurse practitioner only. The opposing party
may, however, elect to take the deposition of that physician or
certified nurse practitioner.
Sec.
865. The bureau workers'
compensation agency may appoint
a
duly qualified an impartial physician or certified nurse
practitioner to examine the injured employee and to report the
results
of that examination. The fee for this
service shall be is
$5.00
and traveling expenses, but the bureau workers' compensation
agency may allow additional reasonable amounts in extraordinary
cases.