By Donna Motley, Vice President of Claims

The Michigan Workers’ Compensation Act & Administrative Rules originated in 1912. The Act was revised with Amendments in 1969. Then in 2011, at 100 years old, the Act was updated with Statute changes to accommodate the past amendments and hopefully, better address, with clarity, issues facing our ever changing world. One of the updated issues was to define “disability”. No longer is the injured worker considered disabled because they cannot return to the job that caused their injury. Disability as defined by the Workers’ Compensation Act is: “A limitation of an employee’s wage earning capacity in work suitable to his or her qualifications and training. . . . . . The establishment of disability does not create a presumption of wage loss.”

The Act further states that if disability is established and the employee receives “a bona fide offer of reasonable employment” and the employee refuses that employment without good and reasonable cause, the employee shall be considered to have “voluntarily removed himself or herself from the work force” and is no longer entitled to any wage loss benefits under the Act during the period of such refusal.

If an employer cannot provide work within the injured worker’s current restrictions as imposed by the treating physician, Workers’ Compensation can place the injured worker at a temporary work site. We have access to workshops and/or work shelters. Or, as an alternative, we can place the injured worker in an “off-site transitional duty program” which are generally positions with nonprofit organizations. Whether placed in a workshop or a nonprofit, the injured worker would still receive their weekly wage loss benefit from MTMIC. Additionally, while we can institute both these programs, there is a cost involved that is charged against the claim.

Now, on the other hand, if permanent restrictions are imposed which the employer cannot accommodate, or an employee is terminated (through no fault of their own) or laid off while restrictions are imposed, wage loss benefits are due the employee. BUT, in order to receive those benefits, much like Unemployment Compensation, the injured worker is required to look for work “within their qualifications and training”. We require Job Search Logs be provided to our office reflecting their efforts to find work. If the employee is not actively looking for work, we can have a Wage Earning Capacity Evaluation (WEC) performed.

The consultant performing the WEC will meet with the employee and obtain a work, educational and personal history. We will provide the medical records necessary to outline the current restrictions. The consultant will then perform a search of available jobs within a 50 mile radius of the employee’s home, to incorporate all information garnered from the employee and MTMIC. A list of jobs suitable and available for the employee will be provided to MTMIC, along with the rate of pay for each. MTMIC will then be able to reduce, if not eliminate, the wage loss benefits being paid to the injured worker, depending on the jobs located for said employee, in that we have proved work is available for the employee.

The prudent thing for the injured worker to do, would be to apply for said jobs. As you can see, being “restricted” in what functions you are able to do, does not mean you are “disabled”. I like to think everyone has a talent, ability and/or desire to do “something” and be productive. Gone are the days of “total disability” in the State of Michigan.