Michigan Workers' Comp Defense Blog

The Context

We remain in the midst of a worldwide pandemic. The federal government and all 50 states have declared states of emergency. In an effort to mitigate the rapid spread of the coronavirus, Governor Gretchen Whitmer issued a “Stay Home, Stay Safe” Executive Order on March 24, 2020 (EO 2020-21). That Order was rescinded and superseded by another expanded stay-at-home Order, issued on April 8, 2020. (See EO 2020-42). Earlier this morning, the governor issued her most recent Stay Home, Stay Safe Order, extending the stay-at-home decree until May 15, 2020. (See EO 2020-59).

There are scores of workers on the front lines fighting the consequences of the COVID-19 pandemic – doctors, nurses, EMTs, paramedics, police officers, firefighters, correctional officers, grocery store cashiers, truck drivers, food delivery workers, and those deemed to be “essential workers,” just to name a few. While many of these workers are accustomed to and trained for emergency situations, the current worldwide health crisis is unprecedented in nature and scope. Brick and mortar hospitals are at capacity in many geographic areas, field hospitals are being constructed, protective equipment is in short supply, and the number of people diagnosed with, and who have died of the highly contagious COVID-19 virus are growing. Little is known about the COVID-19 virus – our knowledge about how it is transmitted, treatment options, and prevention is evolving – but much remains unknown. The media has barraged us with around-the-clock news of the human loss and the economic consequences of the pandemic.

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. To read more on this issue in Alicia Birach’s article, Impact of Executive Orders on Reduction and Termination of Benefits, can be found here.

As you know, Governor Gretchen Whitmer recently declared a State of Emergency on March 10, 2020 in response to the COVID-19 pandemic.  The President declared a National Emergency on March 13, 2020. On March 18, 2020, the Director of the Michigan Department of Labor and Economic Opportunity (“Director”), with the concurrence of the Governor, promulgated a first set of Emergency Rules pertaining to “first response employees.”