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Emergency Law Inventory | Full Law Text

Law Number

MCLS 418.161(1)(e)

Summary Title

Workers' Compensation: On-call Fire Department or Volunteer Underwater Diving Team

Summary

An on-call member of a fire department, paid or unpaid, and a volunteer member of an underwater diving team, who is injured while performing their duties is entitled to workers' compensation.

Full Title

"Employee" defined; exclusion from coverage of partner or spouse, child, or parent in employer's family; election by employee to be excluded; notice of election; duration of elected exclusion

Full Text

(e) On-call members of a fire department or an on-call member of a volunteer underwater diving team that contracts with or receives reimbursement from 1 or more counties, cities, villages, or townships is entitled to all the benefits of this act if personally injured in the performance of their duties as on-call members of a fire department or as an on-call member of a volunteer underwater diving team whether the on-call member of the fire department or the on-call member of the volunteer underwater diving team is paid or unpaid. On-call members of a fire department shall be considered to be receiving the state average weekly wage at the time of injury, as last determined under section 355, from the fire department for the purpose of calculating the weekly rate of compensation provided under this act except that if the member’s average weekly wage was greater than the state average weekly wage at the time of the injury, the member’s weekly rate of compensation shall be determined based on the member’s average weekly wage. On-call members of a volunteer underwater diving team shall be considered to be receiving the state average weekly wage at the time of injury, as last determined under section 355, from the fire department for the purpose of calculating the weekly rate of compensation provided under this act except that if the member’s average weekly wage was greater than the state average weekly wage at the time of the injury, the member’s weekly rate of compensation shall be determined based on the member’s average weekly wage.

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