Bill Text: MI HB5458 | 2011-2012 | 96th Legislature | Introduced
Bill Title: Worker's compensation; definitions; wage earning capacity; include corrections officers in alternate definition. Amends sec. 302 of 1969 PA 317 (MCL 418.302).
Spectrum: Partisan Bill (Republican 14-0)
Status: (Introduced - Dead) 2012-03-08 - Printed Bill Filed 03/07/2012 [HB5458 Detail]
Download: Michigan-2011-HB5458-Introduced.html
HOUSE BILL No. 5458
March 6, 2012, Introduced by Reps. Lyons, Outman, Kurtz, Rendon, Huuki, Callton, Pettalia, McBroom, Daley, Bumstead, Foster, LaFontaine, Horn and Walsh 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 302 (MCL 418.302), as added by 2011 PA 266.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 302. As used in chapters 3 and 4, "wage earning capacity"
means the wages the employee earns or is capable of earning at a
job reasonably available to that employee if the employee is a
member of a full-paid fire department of an airport run by a county
road commission in counties of 1,000,000 population or more or by a
state university or college or of a full-paid fire or police
department of a city, township, or incorporated village employed
and
compensated upon a full-time basis;
, a county sheriff or the
deputy
of the county sheriff; , a
member of the state police; , a
conservation
officer; , a
motor carrier inspector of the Michigan
public
service commission; , a
state correctional officer as
defined in section 2 of the correctional officers' training act of
1982, 1982 PA 415, MCL 791.502; a person employed by a county
sheriff in a local correctional facility as a corrections officer;
or any employee of any authority, district, board, or any other
entity created in whole or in part by the authorization of 1 or
more cities, counties, villages, or townships, whether created by
statute, ordinance, contract, resolution, delegation, or any other
mechanism, who is engaged as a police officer, or in firefighting
or subject to the hazards thereof. For the purposes of establishing
a limitation of wage earning capacity, an employee has an
affirmative duty to seek work reasonably available to that
employee, taking into consideration the limitations from the work-
related injury or disease. A magistrate may consider good-faith job
search efforts to determine whether jobs are reasonably available.
