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.