HB-5490, As Passed House, May 27, 2014
April 29, 2014, Introduced by Rep. Foster and referred to the Committee on Commerce.
A bill to amend 1969 PA 317, entitled
"Worker's disability compensation act of 1969,"
by amending section 541 (MCL 418.541).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 541. (1) All payments from the funds shall be determined
by the trustees and made upon an order signed by a trustee. If a
dispute arises between the trustees and a carrier as to any
determination by the trustees or the obligation of any carrier to
make payments on behalf of the second injury fund, the dispute
shall
be deemed to be considered a controversy concerning
compensation and shall be determined in accordance with this act.
(2)
In all cases in which the carrier shall be entitled to be
reimbursed,
is entitled to reimbursement,
notice of claim for
reimbursement shall be filed with the trustees within 1 year from
the date on which the right to reimbursement first accrues. After
the carrier has established a right to reimbursement, payment shall
be made promptly on a proper showing periodically every 6 months.
(3) The trustees may enter into agreements with carriers
whereby the payment of benefits to persons permanently and totally
disabled, from
the second injury fund which payments
heretofore
have been made directly from the second injury fund, may be made by
carriers
who are paying workmen's worker's
compensation benefits to
such
those persons, and the carriers shall be reimbursed
periodically
at 6-month intervals from the fund for such those
payments.
(4) A fund under this chapter has the same rights under this
act as an employer or carrier.
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No. ____ or House Bill No. 5489 (request no.
04528'13 **) of the 97th Legislature is enacted into law.