Jay Trucks and Associates Legal Blog

Q. My doctor told me to stay off work to recover from my work injury, but my employer's insurance company is telling me I have to apply for other jobs in order to receive a workers' compensation check. Is this right?

A. Since the beginning of Workers' Compensation in Michigan in 1912–until a Michigan Supreme Court decision several weeks ago-- an out-of-work injured worker was eligible for weekly benefits if the worker and the treating doctor stated that the worker could not perform his previous work because of his work injury. Several weeks ago, a majority of Michigan Supreme Court Justices (those appointed by former Governor Engler, including Chief Justice Cliff Taylor who is up for re-election in November), invented a new rule that most injured workers must meet in order to receive weekly benefits. The Court invented a requirement that most injured workers must prove they cannot obtain work within their qualifications and training. They must prove it by either unsuccessfully searching and applying for dozens of jobs or by spending thousands of dollars hiring a so-called "vocational expert" to testify that they cannot obtain work within their qualifications and training due their injury. Common sense tells us an out-of-work injured worker living in doctors' offices, on strong narcotic pain medications, is not in a great position to engage in an extensive job search or in great financial shape to hire a pseudo-expert in order to collect a weekly comp check. This decision is terrible and must be overturned by the Michigan Legislature or by a new Supreme Court. In the meantime, every injured worker attempting to receive, or currently receiving, workers' compensation benefits should consult with a lawyer specializing in workers' compensation to take steps to protect their rights and benefits.