HOUSE BILL NO. 4802
June 15, 2023, Introduced by Reps. Haadsma and Morgan and referred to the Committee on
Government Operations.
A bill to amend 1969 PA 317, entitled
"Worker's disability compensation act of 1969,"
by amending sections 118, 335, and 353 (MCL 418.118, 418.335, and
418.353), section 335 as amended by 1994 PA 271 and section 353 as
amended by 2011 PA 266.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 118. (1) No household domestic servant shall be
2 considered an employee if the person individual is a wife, spouse,
3 child, or other member of the employer's family residing in the
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1 home, and no householder shall be deemed considered a statutory
2 principal within the meaning of section 171 for the purposes of
3 this section.
4 (2) No private employer shall be is liable under this act to
5 any person individual who is employed by him the private employer
6 as a household domestic servant for less than 35 hours per week for
7 13 weeks or longer during the preceding 52 weeks, notwithstanding
8 the provisions of section 611 or any other provision of this act,
9 unless such person assume the private employer assumes liability
10 under section 121.
11 (3) A As used in this act, "household domestic servant" or
12 "domestic" as used in this act means a person an individual who
13 engages in work or activity relating to the operation of a
14 household and its surroundings whether or not he the individual
15 resides therein.
16 Sec. 335. (1) Upon the remarriage of a dependent wife spouse
17 receiving compensation, such compensation payments shall cease upon
18 the payment to her the spouse of the balance of the compensation to
19 which she the spouse would otherwise have been entitled but not to
20 exceed the sum of $500.00, and further compensation, if any, shall
21 be is payable to the person either wholly or partially dependent
22 upon the deceased for support at the time of his or her death as
23 provided in section 331(b). 331. A worker's compensation magistrate
24 shall determine the amount of compensation or portion thereof that
25 shall be is payable weekly to such the wholly or partially
26 dependent person for the remaining weeks of compensation. Where,
27 If, at the expiration of the 500-week period, any such the wholly
28 or partially dependent person is less than 18 years of age, a
29 worker's compensation magistrate may order the employer to continue
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1 to pay the weekly compensation, or some portion thereof, until such
2 the wholly or partially dependent person reaches the age of 18. The
3 payment of compensation to any dependent child shall cease ceases
4 when the child reaches the age of 18 years, if at the age of 18
5 years he or she the child is neither physically nor mentally
6 incapacitated from earning, or when the child reaches the age of 16
7 years and thereafter is self-supporting for 6 months. If the child
8 ceases to be self-supporting thereafter, the dependency shall be
9 reinstated. Such The remaining compensation, if any, shall be is
10 payable to the person either wholly or partially dependent upon the
11 deceased employee for support at the time of the employee's death,
12 as provided in the case of the remarriage of a dependent
13 wife.spouse.
14 (2) This section shall apply to all persons who are entitled
15 to receive compensation or are receiving compensation under this
16 act on July 30, 1985 and who have not attained reached the age of
17 18 years on July 30, 1985.
18 Sec. 353. (1) For the purposes of sections 351 to 361,
19 dependency shall be determined as follows:
20 (a) A child under the age of 16 years, or 16 years or over if
21 physically or mentally incapacitated from earning, living with his
22 or her parent at the time of the injury of that parent.
23 (b) In all other cases questions of dependency shall be are
24 determined in accordance with the facts at the time of the injury,
25 except as provided in subsection (3). A person shall not be
26 considered a dependent unless he or she is a member of the family
27 of the injured employee, or unless the person bears to the injured
28 employee the relation of husband or wife, spouse, or lineal
29 descendent, or ancestor or brother or sister. Except as to a person
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1 conclusively presumed to be a dependent, a person who receives less
2 than 1/2 of his or her support from an injured employee shall not
3 be considered to be a dependent.
4 (2) Weekly payments to an injured employee shall must be
5 reduced by the additional amount provided for any dependent child
6 or spouse or other dependent when the child either reaches the age
7 of 18 years or after becoming 16 ceases for a period of 6 months to
8 receive more than 1/2 of his or her support from the injured
9 employee, if at that time the child is neither physically nor
10 mentally incapacitated from earning; when the spouse is divorced by
11 final decree from his or her injured spouse; or when the child,
12 spouse, or other dependent is deceased.
13 (3) An increase in payments shall must be made for increased
14 numbers of conclusive dependents as defined in this act who were
15 not dependent at the time of the injury of an employee.
16 Enacting section 1. This amendatory act does not take effect
17 unless Senate Joint Resolution ____ or House Joint Resolution F
18 (request no. 00367'23) of the 102nd Legislature becomes a part of
19 the state constitution of 1963 as provided in section 1 of article
20 XII of the state constitution of 1963.
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Statutes affected: House Introduced Bill: 418.118