April 29, 2014, Introduced by Rep. Jacobsen 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 537 (MCL 418.537), as amended by 1992 PA 269.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 537. (1) The trustees may authorize payments from the
self-insurers' security fund upon request to the fund's
administrator by a disabled employee or a dependent of the disabled
employee
as defined described in section 331 who is receiving or is
entitled to receive worker's compensation benefits from a private
self-insurer who becomes insolvent after November 16, 1971, and is
unable to continue the payments.
(2) If an employee becomes disabled or dies because of a
compensable injury or disease while in the employ of a private
self-insurer who has become insolvent and who is unable to make
compensation payments, the employee or a dependent of the employee
as
defined described in section 331 may seek payment from the self-
insurers' security fund either by request through the fund's
administrator or by filing a petition for hearing with the bureau.
(3) Payments shall not be made from the self-insurers'
security fund to an employee or a dependent of the employee as
defined
described in section 331 for any period of disability that
is before the date of the request to the administrator or the date
of the petition for hearing before the bureau.
(4) If there is an apportionment as provided in section 435,
the trustees may reimburse subsequent employers.
(5) Notwithstanding anything else in this section, the
trustees may authorize payments from the self-insurers' security
fund that are requested by a disabled employee or a dependent of a
disabled employee, as described in section 331, of Delphi
corporation or the Delphi automotive systems corporation, who is
entitled to worker's compensation benefits arising out of
employment during the period from May 28, 1999 to October 7, 2009.
The self-insurers' security fund may redeem any claim by a former
employee against Delphi corporation or Delphi automotive systems
corporation if the claimant voluntarily agrees. No other party may
object to that redemption. Upon a binding final judgment by any
state court or tribunal or a federal court that any carrier is
responsible for the worker's compensation benefit payments to a
disabled employee or dependent of a disabled employee, as described
in section 331, of Delphi corporation or the Delphi automotive
systems corporation, the self-insurers' security fund is entitled
to reimbursement from that carrier for any and all benefits
payments it makes to the employee or dependent under this act.
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No. ____ or House Bill No. 5487 (request no.
03971'13 ****) of the 97th Legislature is enacted into law.