Showing 2 posts by Dina D. Kashat.
Why Some Workplace Falls Are Not Compensable: The Idiopathic Fall Doctrine Explained
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. Read More ›
Categories: Case Law Updates, Compliance, Liability, Safety, Workers' Compensation
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Michigan Supreme Court Revisits Mental Disability Standard
In 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. Read More ›
Categories: Alerts and Updates, Case Law Updates, Workers' Compensation