COVID-19 Legal Update: Michigan

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Workers' Compensation Administrative board/ commission

Labor and Economic Opportunity

 

How does the state define an occupational disease?

§ 418.401(2)(b) "Personal injury" includes a disease or disability that is due to causes and conditions that are characteristic of and peculiar to the business of the employer and that arises out of and in the course of the employment. An ordinary disease of life to which the public is generally exposed outside of the employment is not compensable. A personal injury under this act is compensable if work causes, contributes to, or aggravates pathology in a manner so as to create a pathology that is medically distinguishable from any pathology that existed prior to the injury. Mental disabilities and conditions of the aging process, including but not limited to heart and cardiovascular conditions, and degenerative arthritis shall be compensable if contributed to or aggravated or accelerated by the employment in a significant manner. Mental disabilities shall be compensable when arising out of actual events of employment, not unfounded perceptions thereof, and if the employee's perception of the actual events is reasonably grounded in fact or reality. A hernia to be compensable must be clearly recent in origin and result from a strain arising out of and in the course of the employment and be promptly reported to the employer. 

 

COVid-19 Specific Laws, agency declarations/ press releases, or enacted regulation?

See any Workers' Disability Compensation Agency updates here.

Emergency Rule on COVID-19 Presumption for First Response Employees
March 30, 2020

Executive Order Authorizing Enhanced Remote Means for Carrying Out State Administrative Procedures
April 16, 2020

DIFS Order Requiring Workers' Compensation Filings
June 17, 2020

Executive Order Clarifying WDCA Eligibility for Workplace Exposure to COVID-19
June 17, 2020

Executive Order Clarifying WDCA Eligibility for Workplace Exposure to COVID-19 and Rescinding June 17 Order
June 18, 2020

 

Court Closures & Modified Call

In-Person Closure Information

 

Is the administrative court system closed or open?

Open - suspended in-person hearings continues.

 

Does this state have a shelter-in-place in order?

No - order was 3/24/20 to 5/28/20; phased re-opening began 5/7/20.

 

ANY STATE-SPECIFIC GUIDANCE ON DISABILITY, UNEMPLOYMENT, OR HEALTH BENEFITS FOR COVID-19?

Unemployment

 

Last Updated: 7/29/2020