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HB 5183

AN ACT RELATING TO MOTOR AND OTHER VEHICLES -- PASSING, USE OF LANES AND RULES OF THE ROAD

2025 Regular Session Introduced by David Bennett and 9 co-sponsors

The bill bars workers’ comp for injuries from intentional, serious, and willful misconduct, with “serious” defined as objectively egregious, reprehensible, and harmful.

02/04/2025 Committee recommended measure be held for further study
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Bill Summary · HB 5183

Summary — HB 5183 (Worker's compensation: modify employee misconduct exclusion)

Reference: Amends section 305 of the Worker’s Disability Compensation Act of 1969 (MCL 418.305).

Purpose

HB 5183 narrows and clarifies when an injured worker can be denied workers’ compensation benefits on the ground that the injury resulted from the worker’s misconduct. The bill requires misconduct to be “intentional, serious, and willful” and provides a statutory definition of “serious.”

Key provisions

  • Amends MCL 418.305 to state that an employee is not entitled to compensation if the employer establishes the employee was injured because of the employee’s intentional, serious, and willful misconduct.
  • Adds a definition for “serious” in this section: when used with respect to misconduct, “serious” means conduct that is objectively egregious and reprehensible and harmful to an employee and others.
  • Language in the section is made gender-neutral (replacing “his” with “the employee”) and reorders wording for clarity.

Who or what is affected

  • Injured employees seeking workers’ compensation benefits in Michigan.
  • Employers and their workers’ compensation carriers, who bear the burden of proving the exclusion applies.
  • Administrative law judges, courts, and claims managers who will apply the revised standard in disputes over benefit eligibility.

Procedural / timeline details

  • Filed: March 14, 2025.
  • Read first time and referred: April 7, 2025 (to Human Services per earlier entry).
  • Bill electronically reproduced: October 30, 2025.
  • Introduced (reproduced version): October 30, 2025; read and referred to Committee on Economic Competitiveness.
  • Sponsors/co-sponsors: bill header lists Representatives Rheingans, Wilson, Breen, Arbit, Weiss, T. Carter, Pohutsky, Brixie, Xiong, Conlin, MacDonell, B. Carter, Mentzer, Price, Dievendorf, Paiz, Morgan, McFall, Hope, Longjohn, Byrnes, Andrews, Tsernoglou, Hoskins, Skaggs, Young, Myers-Phillips, and McKinney; sponsor metadata lists Frank as primary.

Potential impacts and considerations

  • Raises the employer’s evidentiary hurdle by requiring misconduct to be not only intentional and willful but also “serious” as defined by an objective standard. This may limit denials based on minor or negligent rule violations.
  • The added definition is objective but brief; disputes are likely over application — what qualifies as “egregious and reprehensible” or “harmful to an employee and others.”
  • Could lead to more contested hearings where employers must prove the three-element standard; may change claim outcomes and administrative workload.
  • The bill does not specify an effective date; cost or fiscal impacts are not detailed in the text provided.

This summary focuses on substantive changes to MCL 418.305 and the likely practical effects on workers’ compensation adjudication in Michigan.

Compiled from official sources — confirm details with the bill’s official record.

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