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Mich. Comp. Laws § 418.836

Approval of redemption agreement; findings; factors considered in making determination; employer as party

Applied in 4 court decisions — leading case 188 Mich. App. 430 - Badon v. General Motors Corp. (1991)

Most recently applied in 188 Mich. App. 430 - Badon v. General Motors Corp. (April 1991)

Add. 1981, Act 198, Eff

How often courts cite this section

19841990199110
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

Sec. 836. (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.

Official source: Michigan Legislature. Reproduced from public-domain Michigan statutes; confirm against the official source for the current text. Not legal advice.