Showing 14 posts in Case Law Updates.
Is an Employee Injured before December 19, 2011 Obligated to look for Work?
The Supreme Court of Michigan recently issued a decision addressing a plaintiff’s obligation to make a good faith job search where the injury arose prior to the 2011 amendments to the Worker’s Disability Compensation Act. Bell v. City of Saginaw. Plaintiff Bell was injured in the course of his employment on October 16, 2011. Benefits were voluntarily paid from the date of injury until his return to work. He subsequently went back off when he failed his fitness for duty physical. Workers’ compensation benefits were not reinstated and plaintiff filed suit. To read more about this case and its implications, see full article here.
Categories: Case Law Updates, Workers' Compensation
Share
Appeals Court: J-1 Visa Employee at MSU Ineligible for Workers' Compensation
In May 2019, the Michigan Court of Appeals decided Kuhlbert v Michigan State University. This case examines several interesting workers' compensation issues which we will analyze in a three-part series. Today, we discuss the case’s complicated facts and procedural history, and whether the plaintiff should be considered an “employee” pursuant to Michigan’s Workers' Disability Compensation Act (the “Act”). For more on the facts surrounding this case, see full article here.
Categories: Case Law Updates, Workers' Compensation
Employee or Independent Contractor? The Appellate Commission Applies its Own Facts to Overturn Magistrate’s Decision
In July 2019, the Michigan Compensation Appellate Commission (“the Commission”) issued an Opinion in the case of Christopher Parshall v Worden & Company, Inc. In Parshall, the Commission reversed the magistrate’s factual determination that Mr. Parshall was an independent contractor and not an employee as defined by the Workers’ Disability Compensation Act (“Act”). To read more on this case and its classification of employee vs. independent contractor, see full article here.
Categories: Case Law Updates, Workers' Compensation
Employee Fraud Not a Condition for an Employer's/Insurer's Recoupment of Overpayment
The Michigan Court of Appeals recently issued a decision which addresses the rights of employers/insurance companies to obtain reimbursement for overpayments made to an injured worker. Iesha Fisher v Kalamazoo Regional Psychiatric Hospital and State of Michigan. The undisputed facts of the case are as follows. Plaintiff Fisher sustained a workplace injury and was voluntarily paid benefits. The employer initiated a recoupment action, alleging that it voluntarily paid Ms. Fisher three months of benefits at an improperly high rate. For more on this case and it's decision, see full article here.
Categories: Case Law Updates, Workers' Compensation