Showing 13 posts in Legislative Updates.
Psychiatric Workers’ Compensation Disability Claims in a Pandemic Environment
There 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
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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:
- Disclose his qualifications and training,
- 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,
- 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
- 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
On 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