Showing 14 posts in Case Law Updates.
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
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Appeals Court Decides Economic-Reality Test Case Involving Labor Broker
On February 17, 2022, the Michigan Court of Appeals issued its unpublished opinion in Etheridge v. JJ Curran Crane Co., No. 356775, 2022 WL 497352 (Mich. Ct. App. Feb. 17, 2022). This case involved a labor broker and the Exclusive Remedy provision of the Michigan Workers’ Disability Compensation Act (WDCA). The injured worker, Billy Etheridge, filed a civil lawsuit against the employer of a crane operator whose alleged negligence caused a crush injury to the worker’s hand. The Court of Appeals, agreeing with the lower court, held the injured worker’s civil case was barred by the exclusive-remedy provision, and his only recourse was to seek workers’ compensation benefits from his employer. Read More ›
Categories: Case Law Updates, Lawsuit, Workers' Compensation
Workers’ Comp Benefits Owed to Widow After Husband Fatally Injured While Driving to Educational Program
On April 1, 2022, the Michigan Supreme Court issued its opinion in Lewis v. LexaMar Corp., 971 N.W.2d 608 (Mich. 2022). This reversed a December 17, 2020 decision from the Court of Appeals, which we previously wrote about in this blog. In that case, the Court of Appeals declined to award workers’ compensation benefits to a widow whose husband was killed in a car accident while driving to a community college class paid for by his employer. The Supreme Court, by a 6-1 majority, reversed the Court of Appeals’ decision and ultimately affirmed the findings of the Michigan Compensation Appellate Commission awarding the widow benefits. Read More ›
Categories: Case Law Updates, Workers' Compensation
Compensability of a Work-Related Suicide Claim
In recent years, mental health issues and suicide have become increasingly prevalent among Americans. The COVID-19 pandemic has only exacerbated this crisis. According to a CDC survey from June 2020, the pandemic has “considerably elevated adverse mental health conditions” in U.S adults. Data from the survey indicates that 42 percent of essential workers reported struggling with anxiety and/or depression. Most notably, 11 percent of all respondents seriously considered suicide within the preceding 30 days.
Overall, studies have shown that suicides related to workplace issues are on the rise, and the cause is often increased workplace stress and excessive workloads. Under what circumstances should the family of a worker who takes his or her own life be awarded workers’ compensation benefits? Below, we discuss a recent instructive case from Pennsylvania followed by an overview of how Michigan law handles this increasingly important issue. Read More ›
Categories: Case Law Updates, COVID-19 and Workers' Compensation, Employee Benefits, Workers' Compensation
New State Recreational Marijuana Law Hints at the Hazy Future of Workplace Drug Testing
Currently, 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
The Compensability of After-Hours Work Injuries
Recently, several clients have posed questions regarding the compensability of after-hours injuries that occur on the employers’ premises. While the compensability of these injuries is often in the “grey area,” your determination will be heavily dependent upon the facts of each situation.
What follows is a brief overview of the prevailing case law and a basic framework for making a compensability decision in these types of scenarios. Read More ›
Categories: Case Law Updates, Workers' Compensation
COVID-19: Is It An Occupational Disease or Personal Injury – And Does It Really Even Matter?
Unfortunately, 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
Appeals Court Rejects Comp Benefits in ‘Special Mission’ Case
On 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
Experience Rating in a Pandemic – New Proposal would Exclude COVID-19 Claims from Rate Calculation
To 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
The 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