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Can Work-Induced Stress Give Rise to a Workers' Compensation Claim?

Stressed at WorkThe 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.  Read More ›

Categories: Did you Know?, Employment, Workers' Compensation

Compensability of a Work-Related Suicide Claim

Workplace DepressionIn 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. Read More ›

Categories: Case Law Updates, COVID-19 and Workers' Compensation, Employee Benefits, Workers' Compensation

New State Recreational Marijuana Law Hints at the Hazy Future of Workplace Drug Testing

Drug Test FormCurrently, there are 17 states (plus two United States territories and the District of Columbia) that permit the use of recreational marijuana. The trend across the country seems to be in favor of legalization of cannabis-related products for both medicinal and recreational use. As that trend continues and the use of recreational marijuana increases, we anticipate new challenges will arise for employers and their insurance carriers. For instance, how will this trend impact post-injury drug screenings?

If the use of recreational marijuana is legal in a given jurisdiction, will it remain permissible for an employer to terminate an employee based solely on a positive drug screening? Read More ›

Categories: Case Law Updates, Employment, Legislative Updates, Workers' Compensation

The Compensability of After-Hours Work Injuries

Night Shift EmployeeRecently, several clients have posed questions regarding the compensability of after-hours injuries that occur on the employers’ premises. While the compensability of these injuries is often in the “grey area,” your determination will be heavily dependent upon the facts of each situation.

What follows is a brief overview of the prevailing case law and a basic framework for making a compensability decision in these types of scenarios. Read More ›

Categories: Case Law Updates, Workers' Compensation

Impact of COVID on Michigan’s Workers’ Comp Law

This month's 2nd Wednesday Morning Break addressed the impact of the COVID-19 pandemic on Michigan Workers' Compensation law. In this episode, host and attorney Patricia Scott interviews fellow attorney Alicia Birach on how the pandemic has affected premiums, case progression and the nature of work injuries, including injuries arising from remote work. Read More ›

Categories: COVID-19 and Workers' Compensation, Workers' Compensation

COVID-19: Is It An Occupational Disease or Personal Injury – And Does It Really Even Matter?

Warehouse Workers with MasksUnfortunately, the COVID-19 pandemic continues to rage worldwide. At the time of this article being published, there have been nearly 28,000,000 cases and over 485,000 deaths in the United States. Over 600,000 cases and almost 16,000 deaths have occurred in Michigan, alone.

In response to the pandemic, many jurisdictions have implemented various Emergency Rules and Orders to all but ensure compensability for certain delineated essential, frontline and first response employees who contract COVID-19. Other states, like Illinois, have enacted actual legislation that similarly relaxes the burden of proving compensability for some of these favored workers. We have written about these Rules, Orders, and legislation on several occasions over the course of the last year. You can read our most recent article on this topic here. Read More ›

Categories: Case Law Updates, COVID-19 and Workers' Compensation

Court of Appeals Rules: Employee Fraud was Never a Condition for Recoupment Action

Employee InjuryThe Michigan Court of Appeals recently issued an opinion discussing the retroactivity of a prior opinion regarding the right of employers and insurance carriers to seek recoupment of benefits overpaid to an injured worker in the absence of fraud by the worker. Norman Carson v Bandit Industries Inc and Acuity Mutual Insurance Co, __ Mich App _ (2020). Read More ›

Categories: Fraud & Abuse, Insurance, Legislative Updates, Workers' Compensation

COVID-19 Related Paid Leave Tax Credits Extended Into 2021

COVID Paid Sick LeaveThe federal government enacted the Families First Coronavirus Response Act (“FFCRA”) on March 18, 2020. The FFCRA was intended to provide support to workers who were unable to work while complying with government-mandated quarantines following exposure to COVID-19 or while taking care of someone else in quarantine. The law required employers with fewer than 500 employees (“covered employers”) to pay certain employees Emergency Paid Sick Leave, Emergency Family Medical Leave and/or Expanded Emergency Family and Medical Leave (together, “FFCRA Leave”) as more fully described below. Read More ›

Categories: COVID-19 and Workers' Compensation, Employee Benefits, Employment, Workers' Compensation

Appeals Court Rejects Comp Benefits in ‘Special Mission’ Case

ClassroomOn December 17, 2020, in an unpublished per curium decision, the Michigan Court of Appeals reversed an award of workers' compensation survivor’s benefits that had been given to a widow whose spouse had been killed while he was traveling to a class the employer had encouraged him to attend and for which the employer had paid pursuant to its employee education assistance and tuition reimbursement program. See Lewis v LexaMar Corp, Mich App __ (2020)Read More ›

Categories: Case Law Updates, Employment, Workers' Compensation

Deputy Director of LEO Issues New Emergency Rule Affecting Workers’ Compensation

Workers' Compensation Claim FormOn October 2, 2020, the Michigan Supreme Court ruled that the law upon which Governor Gretchen Whitmer relied to extend the State of Emergency after April 30, 2020 is unconstitutional. The Supreme Court's ruling, which we discuss here, invalidates the Governor's Executive Orders issued during the extended State of Emergency. Executive Order 2020-128, issued on June 18, 2020, established a rebuttable presumption that a "COVID-19 Response Employee" (a term which was not well-defined within the Executive Order) has sustained a compensable injury when he or she is diagnosed with COVID-19. Executive Order 2020-128 contained language quite similar to the March 30, 2020 Emergency Rule issued by the Department of Labor and Economic Opportunity ("LEO"). Read More ›

Categories: COVID-19 and Workers' Compensation, Legislative Updates