ALTERNATIVE LIABILITY

If employer does not accept Act, he is liable for damages in case of injury to employee, with the defenses of assumption of risks, fellow servant's fault and contributory negligence abrogated, except in actions by household domestic servants or farm laborers (Pt. I, §§1, 2). Lydman v. De Haas, 151 N. W. 718. If employer accepts and employee does not, such defenses remain (Pt. I, §§3-4).

EMPLOYMENTS COVERED

All public, except as officials, and all private, except casual or not in usual course of trade, business, etc., of employer (Pt. I, §§5, 7). Agler v. Mich. Agr. College, 148 N. W. 341. Blynn v. City of Pontiac, 151 N. W. 681.

EMPLOYMENT IN INTERSTATE COMMERCE

Act applies to employers and their workmen engaged in interstate or foreign commerce, for whom a rule of liability or method of compensation has been or may be established by Congress, only to the extent that their mutual connection with intrastate work may be clearly separable from interstate or foreign commerce; but any such employer and his workmen working only within the state, may, subject to the approval of the Industrial Accident Board, and so far as not forbidden by any act of Congress, voluntarily accept provisions of act in like manner as other employers (Pt. VI, §4).

INJURIES COVERED

Personal injuries arising out of and in course of employment, unless due to wilful misconduct (Pt. II, §§1, 2). Jendrus v. Detroit Steel Products Co., 144 N. W. 563; Clem v. Chalmers Motor Co., id. 848; Raynor v. Sligh Furniture Co., 146 N. W. 665; McCoy v. Mich. Screw Co., 147 N. W. 572; Hills v. Blair, 148 N. W. 243; Bayne v. Riverside Storage Co., id. 412; Adams v. Acme White Lead & Color Works, id. 485; Grove v. Mich. Paper Co., 151 N. W. 554; Klawinski v. L. S. & Mich. S. Ry., 152 N. W. 213; Gignac v. Studebaker Corp'n., id. 1037.

NOTICE OF INJURY AND CLAIM FOR COMPENSATION

Written notice stating prescribed particulars must be served on employer or his agent within three months after injury. Inaccuracy no bar unless employer or his insurer is misled thereby. Knowledge excuses notice. Claim must be made within six months, unless excused for incompetency (Pt. II, $815-18).

WAITING PERIOD

First two weeks of disability. Compensation commences fifteenth day after disability; but if disability continues eight weeks, compensation is payable from date of injury (Pt. II, §3).

MEDICAL AND SURGICAL AID

Employer must furnish reasonable medical aid, etc., when needed during first three weeks after injury (Pt. II, §4).

COMPENSATION FOR TOTAL DISABILITY

Fifty per cent of average weekly wages, maximum $10, minimum $4, weekly; maximum period 5co weeks; maximum amount $4,000 (Pt. II, §9).

COMPENSATION FOR PARTIAL DISABILITY

Fifty per cent of average loss in earning power, maximum $10 weekly; maximum period 300 weeks. Special schedule for loss of certain members, etc. (Pt. II, §10). Limron v. Blair, 147 N. W. 546.

COMPENSATION FOR DEATH

If total dependents 50 per cent of average weekly wages, maximum $10, minimum $4 weekly for remainder of period between death and 300 weeks after injury. If partial dependents, such percentage of above as amount contributed by deceased to such partial dependents bore to annual earnings of deceased. If no dependents, reasonable expenses of last sickness and burial, maximum $200 (Pt. II, §§5, 8).

AVERAGE WAGES-HOW COMPUTED

Average weekly wages to be 1/52 of average annual earnings. If not employed in same occupation for substantially a year preceding, average annual earnings to be 300 times average daily wage while so employed, or 300 times average daily wage of another person in same occupation and locality. If such method is not practicable, average annual earnings may be determined with regard to circumstances (Pt. II, §11). Andrewjwski v. Wolverine Coal Co., 148 N. W. 684.

WHO ARE DEPENDENTS

Certain persons are conclusively presumed totally dependent. In other cases dependency is determinable according to facts at time of accident. In all cases dependency is to be determined as of time of accident, irrespective of subsequent change in conditions. Dependents are limited to member of family, spouse, lineal descendant, ancestor, brother and sister (Pt. II, §§6, 7).

NON-RESIDENT ALIENS

Non-resident aliens are not to be excluded as dependents (Pt. II, §7).

MEDICAL EXAMINATION

Injured employee must submit to medical examination from time to time when requested by employer or insurer. Employee may have his own physician present. Refusal to submit suspends right to compensation, and may forfeit same for period of continuance (Pt. II, §19).

SETTLEMENT OF CLAIMS AND DISPUTES

Terms of compensation may be settled by agreement, subject to approval of Board (Pt. III, 85). Or by committee of arbitration, with a member of Board as chairman (Pt. III, §§6, 7), subject to review by Board (Pt. III, §11). If not otherwise settled then by Board direct (Pt. III, §16). Hills v. Blair, 148 N. W. 243; Bayne v. Riverside Storage Co., id. 412; Grove v. Mich. Paper Co., 151 N. W. 554; Vereeke v. City of Grand Rapids, id. 723.

RIGHT OF APPEAL

Within thirty days, final decisions of Board are subject to review by Supreme Court on questions of law only (Pt. III, §12). Reck v. Whittlesberger, I Nat. Comp. Journal 21.

MODIFICATION OF AGREEMENTS AND AWARDS

On request of employer, employee or insurer, weekly payments may be reviewed by Board, and ended, increased or diminished, if facts so warrant (Pt. III, §14).

COMMUTATIONS

After six months' payments, employer may redeem his liability by a lump sum by agreement, subject to approval of Board; or at any time the Board may direct commutation if special circumstances require (Pt. II, §22). Subject to Board's approval, employer may discharge his liability by paying value of future payments discounted at 3 per cent to a trustee or by purchasing an annuity (Pt. IV, §4).

PREFERENCE

In case of employer's insolvency, a claim for compensation is a first lien on all property of employer liable therefor, paramount to all other liens and claims except for wages and taxes (Pt. II, §21).

ASSIGNMENTS AND EXEMPTIONS

Compensation is not assignable; nor subject to attachment or garnishment, nor liable in any way for debts (Pt. II, §21).

PROCEEDINGS TO COLLECT COMPENSATION

Upon presentation to the Circuit Court of a certified copy of decision of Board or arbitration committee, judgment is to be rendered which has same force as though rendered in action (Pt. III, §13).

ATTORNEYS' LIENS AND FEES

Fees of attorneys and physicians for services under the Act are subject to the approval of the Board (Pt. III, §10).

MINORS AND INCOMPETENT PERSONS

Rights accruing to a minor or incompetent person may be enforced by his guardian or next friend (Pt. II, §14). As to parents' right of action for injuries to minor employee, see Mackin v. Detroit-Timkin Axle Co., 153 N. W. 49.

SUBROGATION

Where a right of action exists against a third party for injury sustained, the employee has the option either to sue third party for damages or to claim compensation. If compensation is paid, employer may enforce the liability of such third party for himself or for the benefit of his insurer (Pt. III, §15).

CONTRACTORS AND SUB-CONTRACTORS

No provision as to the liability of a principal to employees of his subcontractor.

SUITS FOR DAMAGES

Where elected, compensation is the exclusive remedy for the injuries covered (Pt. I, §4). But where employer, having elected to insure in State Insurance Fund, is in default for premiums for fifteen days after demand, employee may sue employer for damages as if he had not elected to accept the Act (Pt. V, §5).

No provision.

ACCIDENT PREVENTION

REPORTS REQUIRED OF EMPLOYER

Employer must report to Board all injuries within ten days after occurrence; $50 fine for non-compliance (Pt. III, §17). Employers who are members of mutual association must submit books, pay roll, etc., to inspection of Insurance Commissioner upon request; penalty of $50 for refusal (Pt. V. §8).

"CONTRACTING OUT"

Forbidden (Pt. II, §20).

INSURANCE

Employer electing to accept Act must either (1) furnish Board with satisfactory proof of financial responsibility; (2) insure in some authorized liability company; (3) insure in some mutual association organized under laws of State; or (4) insure in State Accident Fund (Pt. IV, §ı). Insurance does not discharge employer; employee may proceed for compensation against employer and in addition against insurer; but he cannot recover more than amount of compensation payable (Pt. IV, §2). Every insurance contract is deemed subject to Act, and provisions inconsistent therewith void (Pt. IV, §3). Upon request of five or more assenting employers having an aggregate of at least 3,000 employees, the Commissioner of Insurance is authorized to manage for employers a mutual insurance fund to be known as State Accident Fund (Pt. V). Employer subscribing to such Fund who knowingly misrepresents amount of pay roll on which premium is based, is guilty of a misdemeanor, punishable by $100 fine or thirty days' imprisonment, or both (Pt. V, §8). Liability and insurance companies must file with Commissioner of Insurance their classifications of risks and premiums, and discrimination therein is forbidden (Senate Bill 281, Acts of 1915).

MISCELLANEOUS PROVISIONS

No savings or insurance of employee to be taken into consideration in fixing compensation (Pt. II, §13).

CONSTITUTIONALITY

If compensation provisions of Act are adjudged unconstitutional, the period between injury or death and such adjudication is not to be computed as part of time limitation for commencement of damage suit (Pt. VI, §2). If Part V is adjudged unconstitutional, the remainder of Act is not to be affected thereby (Pt. VI, §6). Constitutionality of Act upheld by Michigan Supreme Court in Mackin v. Detroit-Timkin Axle Co., 153 N. W. 49.