Michigan Laws 418.836 – Approval of redemption agreement; findings; factors considered in making determination; employer as party
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Terms Used In Michigan Laws 418.836
- Disability: means a limitation of an employee's wage earning capacity in work suitable to his or her qualifications and training resulting from a personal injury or work-related disease. See Michigan Laws 418.301
- employee: means :
(a) A person in the service of the state, a county, city, township, village, or school district, under any appointment, or contract of hire, express or implied, oral or written. See Michigan Laws 418.161in writing: shall be construed to include printing, engraving, and lithographing; except that if the written signature of a person is required by law, the signature shall be the proper handwriting of the person or, if the person is unable to write, the person's proper mark, which may be, unless otherwise expressly prohibited by law, a clear and classifiable fingerprint of the person made with ink or another substance. See Michigan Laws 8.3q person: may extend and be applied to bodies politic and corporate, as well as to individuals. See Michigan Laws 8.3l
(1) A redemption agreement shall only be approved by a worker’s compensation magistrate if the worker’s compensation magistrate finds all of the following:
(a) That the redemption agreement serves the purpose of this act, is just and proper under the circumstances, and is in the best interests of the injured employee.
(b) That the redemption agreement is voluntarily agreed to by all parties. If an employer does not object in writing or in person to the proposed redemption agreement, the employer shall be considered to have agreed to the proposed agreement.
(c) That if an application has been filed pursuant to section 847 it alleges a compensable cause of action under this act.
(d) That the injured employee is fully aware of his or her rights under this act and the consequences of a redemption agreement.
(2) Parties may stipulate in writing to the determinations in subsection (1). If all parties stipulate in writing to those determinations, the stipulation may serve as a waiver of hearing, and the magistrate may approve the redemption agreement. A magistrate may conduct a hearing on a proposed stipulation.
(3) In making a determination under subsection (1), factors to be considered by the worker’s compensation magistrate shall include, but not be limited to, all of the following:
(a) Any other benefits the injured employee is receiving or is entitled to receive and the effect a redemption agreement might have on those benefits.
(b) The nature and extent of the injuries and disabilities of the employee.
(c) The age and life expectancy of the injured employee.
(d) Whether the injured employee has any health, disability, or related insurance.
(e) The number of dependents of the injured employee.
(f) The marital status of the injured employee.
(g) Whether any other person may have any claim on the redemption proceeds.
(h) The amount of the injured employee’s average monthly expenses.
(i) The intended use of the redemption proceeds by the injured employee.
(4) The factors considered by the worker’s compensation magistrate in making a determination under this section and the responses of the injured employee thereto shall be placed on the record.
(5) An employer shall be considered a party for purposes under this section.