In this issue:
Michael D. Sanders
There are scores of workers on the front lines fighting the consequences of the COVID-19 pandemic. Stress, in general, is high. And, due to current circumstances, some workers are now being subjected to greater stress than ever before. Thus, we suspect there may soon be a surge in psychiatric workers’ compensation claims – based on anxiety disorders, depression, post-traumatic stress disorder (“PTSD”), and other psychiatric sequelae...
Alicia W. Birach
Jack Nolish, the recently appointed Director of the Michigan Workers' Disability Compensation Agency, issued a directive this week limiting employers' ability to terminate or reduce benefits during the period the Stay Home, Stay Safe Executive Order (EO 2020-21) and Executive Order 2020-20 are in effect...
As set-forth in our earlier March 20, 2020 and March 30, 2020 Legal Updates, that first set of Emergency Rules created a irrebuttable and absolute presumption that certain “first response employee(s)” have sustained a “personal injury that arises out of and in the course of [their] employment” if the employer directed them to be quarantined due to a confirmed or suspected exposure to COVID-19, or if they had been diagnosed with COVID-19 by any one of a number of different delineated methods.
As you know, Governor Gretchen Whitmer recently declared a State of Emergency in response to the COVID-19 pandemic. As part of that response, Governor Whitmer, in conjunction with the Director of the Department of Labor and Economic Opportunity, Jeff Donofrio, promulgated Emergency Rules (“Rules”) regarding workers’ compensation coverage for certain employees working in the health field, including first responders...
The novel Coronavirus (“COVID-19”), now classified as a full blown pandemic by the World Health Organization, is projected to continue spreading across Michigan and the United States over the next few months...
The Supreme Court of Michigan recently issued a decision addressing a plaintiff’s obligation to make a good faith job search where the injury arose prior to the 2011 amendments to the Worker’s Disability Compensation Act...
Michael A. Cassar
In May 2019, the Michigan Court of Appeals decided Kuhlbert v Michigan State University. This case examines several interesting workers' compensation issues...
Tyler J. Olney
In July 2019, the Michigan Compensation Appellate Commission (“the Commission”) issued an Opinion in the case of Christopher Parshall v Worden & Company, Inc. In Parshall, the Commission reversed the magistrate’s factual determination that Mr. Parshall was an independent contractor and not an employee as defined by the Workers’ Disability Compensation Act (“Act”)...
MCL 418.301(5) sets forth the four requirements a claimant must satisfy in order to qualify for workers' compensation wage loss benefits. The claimant must...
Tyler J Olney
The Michigan Court of Appeals recently issued a decision which addresses the rights of employers/insurance companies to obtain reimbursement for overpayments made to an injured worker...
On April 17, 2019, three Michigan State Representatives introduced House Bill No. 4473 to the Michigan House of Representatives Committee on Insurance. With the introduction of this bill, these legislators seek to have Michigan join several other states across the nation that have enacted, or are considering, workers' compensation legislation that creates a rebuttable presumption that a first responder's post-traumatic stress disorder ("PTSD") arose out of and occurred in the course of their employment...
Lansing
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Southfield
Grand Rapids
Detroit
Holland
St Joseph
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