Michigan Workers' Compensation Defense Blog: Providing Law Updates | Foster Swift https://www.miworkcompdefenseblog.com/author/Dina-Kashat-Workers-Compensation-Insurance-Employer-Attorney Sun, 16 Aug 2026 00:14:18 -0400 Intern Injuries and Workers’ Compensation in Michigan: What Employers Need to Know in 2025 https://www.miworkcompdefenseblog.com/intern-injuries-workers-compensation-michigan-employers-2025 Michael A. Cassar, Brian G. Goodenough, Dina D. Kashat, Samantha D. Shepard intern-injuries-workers-compensation-michigan-employers-2025 Fri, 11 Jul 2025 09:00:01 -0400 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 ...

]]> Why Some Workplace Falls Are Not Compensable: The Idiopathic Fall Doctrine Explained https://www.miworkcompdefenseblog.com/some-workplace-falls-not-compensable-idiopathic-fall-doctrine Michael A. Cassar, Brian G. Goodenough, Dina D. Kashat, Samantha D. Shepard some-workplace-falls-not-compensable-idiopathic-fall-doctrine Wed, 30 Apr 2025 09:00:02 -0400 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 ...

]]> Michigan Supreme Court Revisits Mental Disability Standard https://www.miworkcompdefenseblog.com/michigan-mental-disability-standard-injury-compensation Michael A. Cassar, Dina D. Kashat michigan-mental-disability-standard-injury-compensation Wed, 09 Aug 2023 09:00:03 -0400 Nurse Checking Head InjuryIn 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.

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