Bill Text: MI HB5506 | 2015-2016 | 98th Legislature | Introduced
Bill Title: Worker's compensation; employers; common enterprise; allocate responsibility for worker's compensation for certain employees. Amends sec. 115 of 1969 PA 317 (MCL 418.115).
Spectrum: Moderate Partisan Bill (Republican 9-2)
Status: (Introduced - Dead) 2016-03-23 - Bill Electronically Reproduced 03/22/2016 [HB5506 Detail]
Download: Michigan-2015-HB5506-Introduced.html
HOUSE BILL No. 5506
March 22, 2016, Introduced by Reps. Goike, Rendon, Brett Roberts, Cole, Dianda, Kivela, LaFontaine, Potvin, Inman, Johnson and Barrett and referred to the Committee on Commerce and Trade.
A bill to amend 1969 PA 317, entitled
"Worker's disability compensation act of 1969,"
by amending section 115 (MCL 418.115).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
115. This act shall apply applies to:
(a) All private employers, other than agricultural employers,
and including employers of employees under subdivision (g), who
regularly employ 3 or more employees at 1 time.
(b) All private employers, other than agricultural employers,
and including employers of employees under subdivision (g), who
regularly
employ less fewer than 3 employees if at least 1 of them
has been regularly employed by that same employer for 35 or more
hours per week for 13 weeks or longer during the preceding 52
weeks.
(c) All public employers, irrespective of the number of
persons employed.
(d) All agricultural employers of 3 or more regular employees,
including employees described in subdivision (g), paid hourly wages
or salaries, and not paid on a piecework basis, who are employed 35
or more hours per week by that same employer for 13 or more
consecutive
weeks during the preceding 52 weeks. Coverage shall
apply
under this subdivision applies only to such those regularly
employed employees. The average weekly wage for such an employee
shall
be deemed is considered to be the weeks worked in
agricultural
employment divided into the total wages which that the
employee has earned from all agricultural occupations during the 12
calendar
months immediately preceding the injury.
, and no No
other
definition
pertaining to average weekly wage shall be
applicable.applies.
(e) All agricultural employers of 1 or more employees,
including employees under subsection (g), who are employed 35 or
more hours per week by that same employer for 5 or more consecutive
weeks
shall provide for such those
employees, in accordance with
rules established by the director, medical and hospital coverage as
set forth in section 315 for all personal injuries arising out of
and
in the course of employment suffered by such those employees
not
otherwise covered by this act. The provision of such that
medical
and hospital coverage shall does
not affect any rights of
recovery that an employee would otherwise have against an
agricultural
employer and such the right of recovery shall be is
subject to any defense the agricultural employer might otherwise
have.
Section 141 shall does not apply to cases, other than medical
and hospital coverages provided herein, arising under this
subdivision
nor shall it and does not apply to actions brought
against an agricultural employer who is not voluntarily or
otherwise
subject to this act. No A person shall be is not
considered an employee of an agricultural employer if the person is
a spouse, child or other member of the employer's family, as
defined
described in subdivision (b) of section 353 353(1)(b)
residing in the home or on the premises of the agricultural
employer.
(f) All other agricultural employers not included in
subdivisions
(d) and (e) shall be are exempt from the provisions of
this act.
(g) Workers at a company that processes wood products in a
sawmilling or pallet-making facility if 3 or more of the workers
are employees or principals. All those workers are considered to be
employees subject to this act's requirements for worker's
compensation coverage.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
