The main difference that Governor Snyder and the Republican House and Senate have made to the Workers Compensation Act in Michigan is: 1) that arthritis is seen more as a disease of the aging process and its harder to prove that its work related and 2) you must look for work within your work related restrictions almost immediately after your work related accident. You must make a “good faith” job search which includes looking for work and documenting that search for work.

The biggest changes in the Michigan work comp statute include:

• Workers’ comp benefit recipients are now obligated to work if they can physically perform another job. If they don’t put forth a good-faith effort to look for work (or don’t accept work offered), their benefits will be reduced by the wages that they could have earned.
• The employer’s ability to manage an employee’s post injury care was extended to 28 days, an increase from the previous 10 days allowed.
• The new Michigan work comp law clarifies what constitutes a pre-existing condition and what is an injury. An injury must create a “medically distinguishable” change in condition and “aggravate pathology” from any preexisting condition to be compensable.
• A provision on mental disability requires that “an employee’s perception of actual events to be grounded in reality” to receive compensation.
• A provision of the law indicates an employer may stop payment of work comp benefits if an employee is terminated for fault.
• As a condition of the aging process, degenerative arthitis is now subject to a higher burden of proof (significant manner standard) for compensability.
• The legislation eliminates the 100-Week Rule, meaning the employer is no longer obligated to pay wage benefits after an employee performing light duty for less than 100 weeks is terminated for “whatever reason.” If an employee is terminated from reasonable employment (light duty) due to the employee’s fault, he is considered to have voluntarily removed himself from the workforce and is not entitled to wage loss benefits.
• If an injured worker is eligible for a pension, but has elected to NOT take it at the time of injury, the new law will allow for the reduction of work comp benefits based on the amount the injured worker could have been collecting had they chosen to retire.
• For Independent Contractors, after January 1, 2013 the 20-factor test utilized by the IRS will be utilized to determine compensability.
• The law also guarantees that the state of Michigan will pay work comp claims against certain self-insured authorities if an authority were to dissolve.

I was injured very badly in 1987 and having been fighting workers comp ever since. I am not able to work and am on multiple medications, one being oxycotin. I have lost my trust in the system that is supposed to protect people with disabilities. I have been terminated from numerous jobs, and nothing happens. The ADA did not protect me form being terminated because my employer thought that I was at risk of being reinsured.

I was pinned against a work bench by a pickup and my life has been full of troubles ever since. The doctors have given up on me, but I still keep going even thought I am in pain all the time. The workers comp system has so many flaws that hurt the already injured worker. I am supposed to have full medical for life, but have had to fight to keep workers comp paying for my medical and medication.

Workers comp hopes that a person will just give up and call it quits and sometimes I feel that way. I tell people that what ever they do, do not get hurt because the system lets people fall through the cracks. There is no safety net and the slippery slope becomes ever closer.

I have lost everything I worked for, gone through a divorce, and trying to pay child support when I cannot even work. I would really like to have my day in court and tell workers comp what I think of them. I know that is the wrong attitude to have, yet when everything in your life has gone to hell it is not hard to feel that way.

I am so glad that there is a group like this to become a booming voice of power that will some day be heard, and vindicate the injured worker.

Thank you for letting me defuse.

On August 21, 2008 the Court of Appeals issued an opinion regarding workers compensation and attorney fees. It ruled that the Workers’ Compensation Appellate Commission correctly awarded attorney fees to a claimant whose medical bills were not paid until he hired an attorney and sought relief from the Workers’ Compensation Agency.

The Court ruled that attorney fees were appropriate. In Harvlie vs. Jack Post, Docket No. 276044, the magistrate found that plaintiff’s counsel was entitled to an attorney fee (30%) under MCL 418.315(1) with regard to the unpaid medical bills. The magistrate agreed with plaintiff’s counsel that “the bills would not have been paid but for the fact that he filed a petition.” Moreover, because the bills were not paid within 30 days of their receipt, the magistrate ordered defendants to pay a $1,500 penalty. Further, the bills were to be paid by the insurance company, and not the health care provider who benefited by the attorney’s efforts.

Upon review of the case it would appear that attorney fees on unpaid medical bills are not appropriate in every case. In this case the employer/insurance carrier had refused to pay medical bills after first being ordered to do so. It appears that the recalcitrance of the insurance carrier led to the award of attorney fees. The Court stated,

“. . . it is not the compensability of the medical bills, but the ongoing failure, neglect or refusal to pay, which allows the magistrate the discretion to order the attorney fees.”

Michigan Workers Compensation Rate Calculation:

Are you being paid Michigan Workers Compensation weekly benefits?
Are you being paid the correct amount? How do you really know if it s the correct amount?
Are you being paid additional monies because your health insurance has been terminated? You may be entitled to an increase.
Are you being paid a partial benefits because the insurance company presumes that you can work and make $10, $15 or $20 plus per hour, with your restrictions and injuries?
Are you being sent to a vocation counselor by your insurance company? This is usually to prove that you can be making money even with your injury and your benefits can be lowered or stopped.
All of these question are very good questions and can be answered by on of the top Michigan workers compensation Firms, The Law Offices of David Zimmerman.
Please email or call us at any time.
We can answer your question about the proper workers compensation rate in Michigan.

As you can see from the information below, the State of Michigan, is completely and totally working for the insurance industry and the companies, not the injured workers. The below information is actually found on the State of Michigan’s website. Not good for injured workers in Michigan.

In 2011, Governor Rick Snyder signed sweeping legislation reforming the state’s workers’ compensation system. These improvements included defining disability and post-injury earning capacity, and have played an underlying role in the reduction of costs for our employers. The changes stabilized the 100-year-old system, ensuring the promise of compensation for injured Michigan employees.

“With the help of these legislative reforms, the Workers’ Compensation Agency (WCA) has been squarely focused on containing costs for employers and protecting injured workers,” said WCA Director Kevin Elsenheimer. “We will continue to examine every aspect of our regulatory program to ensure our system supports growth for our business customers.”

The WCA’s emphasis on reducing costs for job providers has included the administering of a well-developed fee schedule which controls medical costs for work-related injuries.