Changes to Michigan Workers Comp Law – New Michigan Workers Comp Law
Regarding the changes to the Michigan Workers Compensation Act Signed by Governor Snyder in November of 2011, a few things you need to know:
1. You must look for work even if you believe that you will be going back to work in the next few months. You must look for work first, at your employer by requesting light duty work within your restrictions. If you employer does not have light duty work you must be able to prove that you have looked for light duty work with other employers. This, even if you are still an employee waiting to go back to the employer where you were hurt. While this is ridiculous it has been upheld by Governor Snyders Workers Compensation Magistrates or Judges.
2. You doctor cannot say that you are totally disabled. According to Governor Snyder and his appellate Judges, only a Magistrate can conclude that you cannot work. This is now a legal conclusion for the Judge or Magistrate, the medical expert or your doctor cannot make that determination. Therefore, if you doctor says you cannot work at all, that opinion will have little or no weight in your workers compensation case. You are forced to get your doctor to say physically what you can and cannot do, how much you can lift, how often, how far you can bend, how often etc….. Obviously, this will make it very difficult as treating doctors have little or no time to fill out extensive forms or extensive reports, regarding exactly what you can and cannot do. Your doctor doesn’t have time to have you perform lifting tests in his office. But this is what the law no requires under Governor Synder.
Author, David Zimmerman
