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Showing 5 posts in Legislative Updates.

Updated Protections for COVID-19 Response Employees: The Differences Between the Prior Emergency Rules and Recent Executive Orders

Firetruck First RespondersThere have been nearly 70,000 confirmed or probable COVID-19 cases in Michigan. This figure includes over 6,150 deaths. While other areas of the country are experiencing significant increases in confirmed COVID-19 cases, Michigan appears to have flattened the curve for the time being. We are currently averaging around 250 new cases per day. Read More ›

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

Michigan Legislators Propose Amendment to Workers’ Compensation Law to Benefit Certain COVID-19 Positive Employees

Face MasksAs you will recall, the Director of the Michigan Department of Labor and Economic Opportunity promulgated Emergency Rules (“Rules”) on March 30, 2020 in response to the COVID-19 pandemic. As we discussed in a previous blog post, the Rules establish a rebuttable presumption of personal injury for “first response employees” who are diagnosed with COVID-19. Now, the Michigan legislature is getting involved in the issue. Read More ›

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

Psychiatric Workers’ Compensation Disability Claims in a Pandemic Environment

Psychiatric ClaimsThere 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. Read More ›

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

What is a Good-Faith Job Search Effort? Michigan Legislature Considers New Bill

MCL 418.301(5) sets forth the four requirements a claimant must satisfy in order to qualify for workers' compensation wage loss benefits.  The claimant must:

  1. Disclose his qualifications and training,
  2. Provide a list of jobs he is qualified and trained to perform within the same salary range as the job at which he was injured,
  3. Demonstrate that the work-related injury prevents him from performing the jobs he identified as within his qualifications and training that pay maximum wages, and
  4. If he is capable of performing any of the jobs within his qualifications, he must demonstrate that he cannot obtain any of those jobs by showing a good-faith attempt to procure post-injury employment

When analyzing the fourth element, how does a magistrate determine what is and what is not a good-faith job search effort? For more on what constitutes a good faith job search effort, see full article here.

Categories: Legislative Updates, Workers' Compensation

Michigan Considers a Statutory PTSD Presumption Among First Responders

Hand Holding GavelOn April 17, 2019, three Michigan State Representatives introduced House Bill No. 4473 to the Michigan House of Representatives Committee on Insurance. With the introduction of this bill, these legislators seek to have Michigan join several other states across the nation that have enacted, or are considering, workers' compensation legislation that creates a rebuttable presumption that a first responder's post-traumatic stress disorder ("PTSD") arose out of and occurred in the course of their employment. For more on this case, see full article here.

Categories: Legislative Updates, Workers' Compensation