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Showing 13 posts by Tyler J. Olney.

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

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

Recent Michigan Supreme Court Decision Affects Workers' Comp COVID-19 Rebuttable Presumption

Court RoomOn October 2, 2020, the Michigan Supreme Court issued an opinion regarding whether Governor Gretchen Whitmer had the authority to declare and extend a State of Emergency and issue Executive Orders related to the COVID-19 pandemic. In a lengthy opinion, the Court held that the Governor did not have proper authority because the law upon which she relied is unconstitutional.  Read More ›

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

The Safeguarding America's First Responders Act - New Federal Law Provides Access to Death Benefits Program for Families of Public Safety Officers who Die as a Result of COVID-19

Firefighter with MaskThere have been nearly seven million confirmed COVID-19 cases in the United States, with over 200,000 confirmed deaths. In Michigan alone, there have been over 130,000 confirmed cases and roughly 7,000 confirmed deaths. Certain employees working in the health field, including first responders, have been impacted significantly by COVID-19.

In a previous article, we discussed the Emergency Rules and Executive Orders promulgated by Governor Gretchen Whitmer, creating a rebuttable presumption that COVID-19 is a personal injury arising out of and in the course of employment for first response employees. Read More ›

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

Experience Rating in a Pandemic – New Proposal would Exclude COVID-19 Claims from Rate Calculation

COVID-19 ClaimTo date, the State of Michigan has over 66,000 confirmed cases of COVID-19, with roughly 6,000 deaths. While the curve appears to be flattening, the number of individuals who contract COVID-19 will undoubtedly continue to increase until effective treatments or a vaccination can be developed. As a result of this unprecedented pandemic, certain industries are likely to see an increase in the number of workers’ compensation claims filed in the state and around the country. Read More ›

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

The CARES Act Unemployment Expansion, Workers’ Compensation Wage Loss Offset, and Refusing to Return to Work During the Pandemic

Unemployment BenefitsThe Unemployment Offset

The Coronavirus Aid, Relief, and Economic Security (CARES) Act was passed by Congress with overwhelming bipartisan support and signed into law on March 27th, 2020. One feature of the CARES Act is the Pandemic Unemployment Compensation (“PUC”) program, which enhances weekly unemployment benefits administered by individual states by adding an additional $600 weekly supplement to an employee’s maximum weekly unemployment benefit rate. A related program created under the CARES Act, called the Pandemic Emergency Unemployment Compensation (“PEUC”) program, extends the duration of weekly unemployment benefits by adding an additional thirteen weeks to the maximum recovery period each state otherwise allows. Read More ›

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