Michigan Workers' Comp Defense Blog
As Michigan employers prepare for another busy summer internship season in 2025, many are welcoming interns to support growing workloads. While most internship experiences will proceed without issue, some employers may face a difficult question: If an intern is injured on the job, are they eligible for Michigan workers’ compensation benefits?
The answer is not straightforward. Determining whether an intern is eligible for Michigan workers’ compensation benefits involves a detailed legal and factual analysis. With limited statutory guidance and evolving case laws ...
Under Michigan workers’ compensation law, compensation benefits are payable to an employee who sustains a personal injury that “arises out of” and “in the course of employment.” “Arises out of” and “in the course of” are two distinct legal requirements. And an injury that happens at work does not necessarily mean that it arose out of the work. An example of this are idiopathic fall cases, which often fall outside the scope of compensable claims.
What is an Idiopathic Fall?
An idiopathic fall is a fall that results from some disease or infirmity that is strictly ...
In a July 28, 2023 decision, the Michigan Supreme Court revisited the criteria for compensability under the Michigan Workers’ Compensation Disability Act (WCDA) in cases involving mental disabilities arising from workplace injuries. The case, Agnes Cramer v Transitional Health Services of Wayne, dealt with an employee who sought workers’ compensation benefits after suffering an electrical shock and falling from a ladder while at work. Ms. Cramer’s alleged injuries included post-traumatic stress disorder.
On February 17, 2022, the Michigan Court of Appeals issued its unpublished opinion in Etheridge v. JJ Curran Crane Co., No. 356775, 2022 WL 497352 (Mich. Ct. App. Feb. 17, 2022). This case involved a labor broker and the Exclusive Remedy provision of the Michigan Workers’ Disability Compensation Act (WDCA). The injured worker, Billy Etheridge, filed a civil lawsuit against the employer of a crane operator whose alleged negligence caused a crush injury to the worker’s hand. The Court of Appeals, agreeing with the lower court, held the injured worker’s civil case was barred by the exclusive-remedy provision, and his only recourse was to seek workers’ compensation benefits from his employer.
On April 1, 2022, the Michigan Supreme Court issued its opinion in Lewis v. LexaMar Corp., 971 N.W.2d 608 (Mich. 2022). This reversed a December 17, 2020 decision from the Court of Appeals, which we previously wrote about in this blog. In that case, the Court of Appeals declined to award workers’ compensation benefits to a widow whose husband was killed in a car accident while driving to a community college class paid for by his employer. The Supreme Court, by a 6-1 majority, reversed the Court of Appeals’ decision and ultimately affirmed the findings of the Michigan Compensation Appellate Commission awarding the widow benefits.
On January 13, 2022, the Michigan Court of Appeals issued its unpublished per curium opinion in the Estate of Allyn Taylor v Outdoor Adventures of Davison, LLC. This case involved the intersection of three of the most significant provisions within the Michigan’s Workers’ Disability Compensation Act (WDCA): the exclusive remedy provision, the going to or coming from work provision, and the social or recreational activity provision.
On November 30, 2021, Governor Gretchen Whitmer signed into law House Bill 4171, which expanded eligibility under the First Responder Presumed Coverage Fund.
We have written extensively about changes to Michigan workers’ compensation law in response to the COVID-19 pandemic. These changes came in the form of several executive orders issued by Governor Whitmer and various emergency rules promulgated by the Michigan Department of Labor and Economic Opportunity (“LEO”). LEO promulgated its first Emergency Rules on March 30, 2020. Those Rules established a rebuttable presumption that a “first response employee” who is diagnosed with COVID-19 sustained a compensable work-related injury. Thereafter, the Governor signed various executive orders having similar effect.
The end of this article presents a trivia question. See the correct answer in the drop down at the bottom of the page.
Work can be stressful for many different reasons. Common stressors include a difficult boss, an unpleasant co-worker, and excessive workloads. A 2018 survey of approximately 2,000 professionals revealed that 76 percent of participants reported that stress at work had a negative impact on their personal lives. Of those surveyed, 65 percent reported losing sleep due to workplace stress, and 16 percent reported quitting a job due to stress.
DISCLAIMER: This article is intended to provide general legal information. This article does not provide mental health or medical advice and is NOT a substitute for professional therapy or mental health services. If you or someone you know is expecting suicidal thoughts or a crisis, please seek immediate help by contacting the Suicide Prevention Lifeline at 988.
In recent years, mental health issues and suicide have become increasingly prevalent among Americans. The COVID-19 pandemic has only exacerbated this crisis. According to a CDC survey from June 2020, the pandemic has “considerably elevated adverse mental health conditions” in U.S adults. Data from the survey indicates that 42 percent of essential workers reported struggling with anxiety and/or depression. Most notably, 11 percent of all respondents seriously considered suicide within the preceding 30 days.
Overall, studies have shown that suicides related to workplace issues are on the rise, and the cause is often increased workplace stress and excessive workloads. Under what circumstances should the family of a worker who takes his or her own life be awarded workers’ compensation benefits? Below, we discuss a recent instructive case from Pennsylvania followed by an overview of how Michigan law handles this increasingly important issue.
