Vote Smart's Synopsis:

Vote to pass a bill that amends workers disability and worker's compensation laws in Michigan.

Highlights:

• Requires the Governor the appoint an attorney who has practiced Michigan law for 5 years or more as the worker's compensation magistrate (Sec. 210).

• Requires the Department of Licensing and Registry Affairs to evaluate the performance of the worker's compensation magistrate every two years, based on the following criteria (Sec. 212):
• The rate of affirmance by the appeal board and the appellate commission of the worker's compensation magistrate's opinions and orders;
• Productivity including reasonable time deadlines for disposing of cases;
• Manner in conducting hearings;
• Knowledge of rules of evidence as demonstrated by transcripts of the hearings conducted by the worker's compensation magistrate;
• Knowledge of the law;
• Evidence of any demonstrable bias against particular defendants, claimants, or attorneys; and
• Written surveys or comments of all interested parties.

• Specifies that upon completion of the worker's compensation magistrate review, the board is authorized to recommend to the governor one of the following actions (Sec. 212):
• Promotion;
• Suspension;
• Removal; or
• Additional training or education.

• Requires the following records to be confidential and exempt from disclosure under FOIA requests (Sec. 230):
• Records submitted by an individual employer or a group of employers to the Worker's Compensation Agency in support of an application for self-insured status;
• Information concerning the injury of and benefits paid to an individual worker; and
• Worker's disability compensation insurance policy information submitted to the Worker's Compensation Agency by an individual employer or group of employers.

• Specifies that an employee who receives a personal injury arising out of and in the course of employment by an employer at the time of the injury shall be paid compensation (Sec. 301).

• Specifies that certain conditions are compensable if (Sec. 301):
• The pathology of the employee has been medically changed; or
• In the case of degenerative arthritis, it is affected or sped up by an employee's work.

• Describes a total disability as one in which the employee is unable to earn any job paying maximum wages in work suitable to the employee's qualifications and training on account of a personal injury (Sec. 301).

• Describes a partial disability as one in which the employee retains a wage earning capacity at a pay level less than his or her maximum wages in work suitable to his or her qualifications and training in spite of a personal injury (Sec. 301).

• Specifies that if the employee was employed for 100 weeks or more, but less than 250 weeks, a worker's compensation magistrate may determine that the employment has not established a new wage earning capacity, and if the magistrate makes that determination, benefits shall be based on his average weekly wage at the original date of injury (Sec. 301).

Full Bill Text