HOUSE BILL No. 5490

 

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.