Bill Text: MI HB4186 | 2009-2010 | 95th Legislature | Introduced

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Bill Title: Worker's compensation; benefits; collection of worker's compensation or other compensation for employment injury or death by undocumented alien hired on basis of fraud; prohibit. Amends secs. 141 & 230 of 1969 PA 317 (MCL 418.141 & 418.230) & adds sec. 307.

Spectrum: Partisan Bill (Republican 27-0)

Status: (Introduced - Dead) 2009-10-15 - Notice Given To Discharge Committee [HB4186 Detail]

Download: Michigan-2009-HB4186-Introduced.html

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HOUSE BILL No. 4186

 

February 5, 2009, Introduced by Reps. Agema, Rogers, McMillin, Crawford, Opsommer, Pavlov, Lund, Meltzer, Rick Jones, Marleau, Haines, Meekhof, Knollenberg, Bolger, Tyler, Moss, Denby, Ball, Paul Scott, Daley, Lori, Kurtz, DeShazor, Calley, Haveman, Stamas and Walsh and referred to the Committee on Judiciary.

 

     A bill to amend 1969 PA 317, entitled

 

"Worker's disability compensation act of 1969,"

 

by amending sections 141 and 230 (MCL 418.141 and 418.230), section

 

230 as amended by 2002 PA 566, and by adding section 307.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 141. (1) In an action to recover damages for personal

 

injury sustained by an employee in the course of his employment or

 

for death resulting from personal injuries so sustained it shall

 

not be a defense:

 

     (a) That the employee was negligent, unless it shall appear

 

that such negligence was wilful willful.

 

     (b) That the injury was caused by the negligence of a fellow

 

employee.

 

     (c) That the employee had assumed the risks inherent in or

 

incidental to, or arising out of his employment, or arising from

 

the failure of the employer to provide and maintain safe premises

 

and suitable appliances.

 

     (2) In an action based on negligence or gross negligence that

 

seeks damages for personal injury sustained by an employee in the

 

course of employment or for death resulting from personal injuries

 

sustained in the course of employment, it is an absolute defense if

 

all of the following conditions are present:

 

     (a) The employee is an undocumented alien who is not permitted

 

to work in the United States under federal law.

 

     (b) The employee presented fraudulent identification to the

 

employer.

 

     (c) The employer did not know and had no reason to believe

 

that the employee was not permitted to work in the United States.

 

     Sec. 230. (1) Except as otherwise provided in this section,

 

the following records are confidential and exempt from disclosure

 

under the freedom of information act, 1976 PA 442, MCL 15.231 to

 

15.246:

 

     (a) Records submitted by an individual employer or a group of

 

employers to the bureau workers' compensation agency in support of

 

an application for self-insured status in the manner provided in

 

section 611.

 

     (b) Information concerning the injury of and benefits paid to

 

an individual worker. This includes, but is not limited to, all

 

forms, records, and reports filed with or maintained by the bureau

 

workers' compensation agency concerning the injury of or benefits

 

paid to a worker.

 

     (c) Worker's disability compensation insurance policy

 

information submitted to the bureau workers' compensation agency by

 

an individual employer or group of employers in accordance with

 

section 615 or a notice of issuance of a policy submitted to the

 

bureau workers' compensation agency by an insurer in accordance

 

with section 625.

 

     (2) The bureau workers' compensation agency may release,

 

disclose, or publish information described in subsection (1) under

 

the following circumstances:

 

     (a) In the case of subsection (1)(a), (b), or (c), the bureau

 

workers' compensation agency may disclose or publish aggregate

 

information for statistical or research purposes so long as it is

 

disclosed or published in such a way that the confidentiality of

 

information concerning individual workers and the financial records

 

of individual employers or self-insured employers or insurers is

 

protected. The bureau workers' compensation agency may also release

 

individual records to a recognized academic or scholarly

 

institution for research purposes if it is provided with sufficient

 

assurance that the outside individual or agency will preserve the

 

confidentiality of information concerning individual workers and

 

the financial records of individual self-insured employers.

 

     (b) In the case of subsection (1)(b), the bureau workers'

 

compensation agency may release information to another governmental

 

agency if the governmental agency provides the bureau workers'

 

compensation agency with sufficient assurance that it will preserve

 

the confidentiality of the information. The other agency may use

 

this information to determine the eligibility of an individual for

 

benefits provided or regulated by that agency. The bureau workers'

 

compensation agency or another agency may disclose the information

 

if it determines that the individual is receiving benefits to which

 

he or she is not entitled as the result of receiving more than 1

 

benefit at the same time.

 

     (c) Except as otherwise provided, information disclosed in

 

accordance with subdivision (a) or (b) shall continue to be exempt

 

from disclosure under the freedom of information act, 1976 PA 442,

 

MCL 15.231 to 15.246.

 

     (d) In the case of subsection (1)(b), the bureau workers'

 

compensation agency may release individual records to a nonprofit

 

health care corporation, as defined in section 105 of the nonprofit

 

health care corporation reform act, 1980 PA 350, MCL 550.1105, for

 

the sole purpose of determining financial liability for the payment

 

of benefits provided by the corporation. Any information provided

 

to the nonprofit health care corporation shall be confidential, as

 

provided in section 406 of the nonprofit health care corporation

 

reform act, 1980 PA 350, MCL 550.1406. In a dispute over who

 

assumes liability for the payment of benefits for a particular

 

claim, the nonprofit health care corporation shall initiate payment

 

of benefits pending resolution of the dispute.

 

     (e) In the case of subsection (1)(c), in response to a request

 

that pertains to a specific employer and includes the employer's

 

address and the date of injury of the claim for which the

 

information is requested, the bureau workers' compensation agency

 

may disclose the name and address of the insurer that, according to

 

the records of the bureau workers' compensation agency, provided

 

coverage on the date of injury, but shall not disclose the

 

effective date or expiration date of the policy.

 

     (3) The confidentiality provided for in subsection (1) does

 

not apply to records maintained by the bureau workers' compensation

 

agency that are part of or directly related to a contested case.

 

For the purposes of this subsection, a matter shall be considered a

 

contested case when it is the subject of a request for a formal

 

hearing before the director or an application filed in accordance

 

with section 847.

 

     (4) Any employee is entitled to inspect and obtain a copy of

 

any record maintained by the bureau workers' compensation agency

 

concerning himself or herself. Any employer is entitled to inspect

 

and obtain a copy of any record maintained by the bureau workers'

 

compensation agency concerning itself.

 

     (5) The confidentiality provided for in subsection (1)(a) does

 

not apply to the records of a self-insured employer that becomes

 

unable to pay benefits under this act due to insolvency or

 

declaration of bankruptcy.

 

     (6) This section does not limit the power of a court of law to

 

subpoena records relevant to a matter pending before it.

 

     (7) Notwithstanding this section, the bureau workers'

 

compensation agency shall release information to the title IV-D

 

agency in accordance with section 4 of the office of child support

 

act, 1971 PA 174, MCL 400.231 to 400.239 400.234. As used in this

 

subsection, "title IV-D agency" means that term as defined in

 

section 2 of the support and parenting time enforcement act, 1982

 

PA 295, MCL 552.602.

 

     (8) Notwithstanding subsection (1), an officer or employee of

 

the workers' compensation agency who receives information

 

indicating or giving reason to believe that a claim for benefits

 

under this act has been filed by an undocumented alien shall

 

immediately report that information to either the federal bureau of

 

investigation or the federal immigration and naturalization

 

service.

 

     Sec. 307. No compensation shall be paid under this act for an

 

injury sustained by an employee if all of the following

 

circumstances are present:

 

     (a) The employee is an undocumented alien who is not permitted

 

to work in the United States under federal law.

 

     (b) The employee presented fraudulent identification to the

 

employer.

 

     (c) The employer did not know and had no reason to believe

 

that the employee was not permitted to work in the United States.