202003.20
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Federal Legislative Response to Coronavirus Pandemic

In what is likely to be the first of several actions, President Trump signed into law HR 6201 “Families First Coronavirus Response Act” on Wednesday, March 18, 2020. The first thing to note is that this bill only applies to employers with fewer than 500 employees. The bill impacts a number of employer related programs:…

202003.16
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Michigan Workers’ Compensation Hearings Update Related to COVID-19

A message from the Michigan Department of Labor and Economic Opportunity: In accordance with Governor Gretchen Whitmer and the Michigan Department of Health and Human Services’ recommendations designed to help prevent the spread of Coronavirus Disease 2019 (COVID-19), effective March 16, 2020 at 5:00 pm, the Workers’ Disability Compensation Agency and the Workers’ Compensation Board of…

202003.13
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A Message from I&F Regarding COVID-19 / Coronavirus

The spread of COVID-19 has obviously raised significant issues for employers throughout the world. Employers face uncertainty around what they can and should do to promote the health and well-being of their workforce while navigating federal, state, and local regulations and while considering rapidly changing government warnings and restrictions. Although the current circumstances will likely…

202003.12
0

Workers’ Compensation Update: Coronavirus

These are obviously challenging times for employers across the country. Although there is much about this emerging pandemic that will call for navigating uncharted waters, the analysis of potential workers’ compensation exposure need not be one of those issues. In Illinois, for example, The “Illinois Workers’ Occupational Diseases Act” (820 ILCS 310/) is one statute…

202001.15
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Michigan WC Update: Fringe Benefits and Average Weekly Wage – How does it all add up?

Calculating the average weekly wage (AWW) to determine wage loss benefits is a routine, but critical part of the worker’s compensation case analysis. While the benefit calculator simplifies the math, the decision to include or not to include certain line items in the AWW calculation can be a fluid evaluation. The method of calculating AWW…

201806.28
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Will workers’ compensation MSA guidelines extend to personal injury cases?

As we previously reported, a CMS policy for liability Medicare set-aside (LMSA) review appears to be imminent.  The current state of confusion is depicted in a recent case involving CMS. In Silva v. Burwell, the plaintiff was injured as a result of a medical malpractice incident, after which he sustained permanent and extensive brain damage…

201711.28
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Michigan Board of Magistrates Dismisses Claim Based on Res Judicata

How many Applications can a claimant file in Michigan before he faces fines? In Michigan, an injured worker seeks benefits by filing an Application for Mediation or Hearing. This is known as Form WC-104A. In Sheikh v. Pratt & Whitney AutoAir, Inc., the claimant filed his fifteenth application for mediation or hearing following a decision…