418.360 Professional athlete; weekly benefits; condition; benefits under other provisions; exemptions.

352 words·~2 min read·/mi/chapter-418/418-360

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Sec. 360.

(1)A person who suffers an injury arising out of and in the course of employment as a professional athlete is entitled to weekly benefits only when the person's average weekly wages in all employments at the time of application for benefits, and thereafter, as computed in accordance with section 371, are less than 200% of the state average weekly wage. This subsection shall not be construed to prohibit an otherwise eligible person from receiving benefits under section 315, 319, or 361.

(2)A professional athlete who is hired under a contract with an employer outside of this state is exempt from this act if all of the following conditions apply:

(a)The athlete sustains a personal injury arising out of the course of employment while the professional athlete is temporarily within this state.

(b)The employer has obtained worker's compensation insurance coverage under the worker's compensation law of another state that covers the injury in this state.

(c)The other state recognizes the extraterritorial provisions of this act and provides a reciprocal exemption for professional athletes whose injuries arise out of employment while temporarily in that state and are covered by the worker's compensation law of this state.

(3)The benefits and other remedies under the worker's compensation laws of another state are the exclusive remedy against the employer under the conditions in subsection (2). A certificate from the duly authorized officer of another state certifying that the employer is insured in that state and has obtained extraterritorial coverage insuring the employer's professional athletes in this state is prima facie evidence that the employer has obtained insurance meeting the requirements for the exception to coverage under this act under subsection (2).

History: Add. 1978, Act 373, Imd. Eff. July 27, 1978 ;-- Am. 2011, Act 266 , Imd. Eff. Dec. 19, 2011

Compiler's Notes: Enacting section 2 of Act 266 of 2011 provides:"Enacting section 2. This amendatory act applies to injuries incurred on or after its effective date."

Popular Name: Act 317

Popular Name: Heart and Lung Act