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Terms Used In Michigan Laws 418.537

  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • Carrier: means a self-insurer or an insurer. See Michigan Laws 418.601
  • Dependent: A person dependent for support upon another.
  • director: means the director of the bureau or his or her duly authorized representative. See Michigan Laws 418.201
  • 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 418.161
  • Self-insurer: means either of the following:
  •     (i) An individual employer authorized to carry its own risk. See Michigan Laws 418.601
  • state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o
  •     (1) The trustees may authorize payments from the self-insurers’ security fund upon request to the fund’s administrator by a disabled employee or a dependent of the disabled employee as described in section 331 who is receiving or is entitled to receive worker’s compensation benefits from a private self-insurer who becomes insolvent after November 16, 1971, and is unable to continue the payments.
        (2) If an employee becomes disabled or dies because of a compensable injury or disease while in the employ of a private self-insurer who has become insolvent and who is unable to make compensation payments, the employee or a dependent of the employee as described in section 331 may seek payment from the self-insurers’ security fund either by request through the fund’s administrator or by filing a petition for hearing with the bureau.
        (3) Payments shall not be made from the self-insurers’ security fund to an employee or a dependent of the employee as described in section 331 for any period of disability that is before the date of the request to the administrator or the date of the petition for hearing before the bureau.
        (4) If there is an apportionment as provided in section 435, the trustees may reimburse subsequent employers.
        (5) Notwithstanding anything else in this section, the trustees may authorize payments from the self-insurers’ security fund that are requested by a disabled employee or a dependent of a disabled employee, as described in section 331, of any employer that was granted authority by the workers’ compensation agency under section 611(1)(a) to operate as a self-insurer for the first time in May of 1999 and filed for bankruptcy in 2005, if the employee is entitled to worker’s compensation benefits arising out of employment during the period from May 28, 1999 to October 7, 2009. The self-insurers’ security fund may redeem any claim by a former employee against an employer described in this subsection if the claimant voluntarily agrees. No other party may object to that redemption. Upon a binding final judgment by any state court or tribunal or a federal court that any carrier is responsible for the worker’s compensation benefit payments to a disabled employee or dependent of a disabled employee, as described in section 331, of an employer described in this subsection, the self-insurers’ security fund is entitled to reimbursement from that carrier for any and all benefit payments it makes to the employee or dependent under this act.
        (6) Any unexpended balance derived from an appropriation shall be returned to the general fund if, after an annual review, the director determines that the remaining balance in the self-insurer’s security fund would exceed the amount necessary to cover the known claims made under subsection (5).