New Workers’ Disability Compensation Agency Rules for the Department of Labor and Economic Opportunity went into effect on Dec. 10.
Members of the Michigan Association of Justice (MAJ) played critical roles in getting these rules implemented and making them a reality for workers throughout the state.
MAJ Past-President Robert MacDonald was instrumental in the effort and made the announcement on behalf of the organization.
“This has been a work in progress for way too long, but persistence paid off,” MacDonald said. “Dozens of MAJ members contributed ideas and drafts and endured many long meetings. A special thank you is in order for Rick Warsh, Sean Shearer, Chris Westgate, Jayson Chizick, Joel Alpert, Barry Adler, and the Charters, Tyler, Zack, & Shearer PC team who helped shape these rules along the way.”
The general purpose of these rules is to provide organizations and courts with procedures and guidance for addressing workers’ compensation claims, contested hearings, and workers’ compensation insurance policies, in order to carry out the provisions of the Worker’s Disability Compensation Act.
One of the most impactful changes states that employers and carriers must produce vocational reports within 21 days of receipt and provide timely, specific information regarding purportedly available employment, or risk exclusion of such evidence at trial.
“The days should be over of employers and carriers hiding secret, vague lists of jobs they claim are available to injured workers until a week before trial to try to justify a reduction of benefits,” MacDonald said. “If there really is a job available for the worker, it must be promptly disclosed, or the magistrate can ignore it.”
Other key points of the new rules include the modernization of the process to allow for electronic claims and other measures to improve access.
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