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Key Votes

HB 5002 - Amends Workers' Compensation Law - Key Vote

Michigan Key Votes

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Legislation - Bill Passed (House) (59-49) - (Key vote)

Title: Amends Workers' Compensation Law

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).
Legislation - Introduced (House) -

Title: Amends Workers' Compensation Law

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