Michigan’s Workers’ Disability Compensation Agency begins tracking of COVID-19 claims

The Workers’ Disability Compensation Agency of Michigan has started tracking COVID-19 related claims. To ensure all COVID-19 claims are tracked properly, the Agency has created a new injury code. The Agency asks when filing a form WC-100 and/or WC-701, specific wording be used when the claim is related to COVID-19. See below for instructions regarding …

Tracking State Level COVID-19 related Legislation

The National Conference of State Legislatures has developed an excellent resource to track state level legislation related to COVID-19. Available here. This resource is also available through the I&F COVID-19 FAQ.

Michigan Dept. of Labor & Economic Opportunity issues COVID-19 Telemedicine Guidance

A message from Jack A. Nolish, Director of the Michigan Department of Labor and Economic Opportunity, Workers' Disability Compensation Agency, regarding medical treatment during the COVID-19 pandemic: The coronavirus pandemic demands that health care providers and payers reconsider how care is delivered to reduce the risk of further spreading infection. It is vitally important for …

Slowed Down … not Shut Down: Resolving Cases During the COVID-19 Pandemic

We have all been impacted by COVID-19 and this impact is being felt in both our personal and professional lives.  With “shelter in place” and “stay-at-home” orders issued by government entities across the Midwest—and throughout the country—we are experiencing closures of our favorite restaurants, businesses, and even our children’s schools. If you have been following …

Updated COVID-19 Court Information: Indiana, Michigan, Wisconsin

Inman and Fitzgibbons will continue to bring updated information regarding the operation and access to courts and workers' compensation administrative venues in the jurisdictions handled by the firm. The updates below detail the latest guidance from the WC agencies in Indiana and Michigan and a general announcement about court operations in Wisconsin. INDIANA: By order …

I&F COVID-19 Update: A Message from I&F President G. Steven Murdock

https://videopress.com/v/E6g1WjP8?preloadContent=metadata

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: …

Michigan COVID-19 Update: State Provides Guidance to Employers Contemplating Potential Layoffs

News from Michigan's Department of Labor and Economic Opportunity: LANSING, MICH. The Department of Labor and Economic Opportunity today provided guidance to Michigan employers on how to avoid potential layoffs related to COVID-19. “We know that many families and businesses are and will experience economic pain as a result of the COVID-19 pandemic,” said LEO …

Updated Michigan Workers’ Compensation Hearing Procedures

Updated guidance from Mark C. Long, Deputy Director of the Department of Labor and Economic Opportunity, Workers’ Disability Compensation Agency regarding BOM hearing procedures: As previously advised, effective March 16, 2020 at 5:00 pm, the Workers’ Disability Compensation Agency and the Workers’ Compensation Board of Magistrates have suspended in-person hearings until April 20, 2020.To mitigate …

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 …

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 …

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 …

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 …

I&F Hosts “Fall in the Workplace” Event

The women attorneys of Inman & Fitzgibbons, Ltd. recently hosted a fall-themed wine tasting and professional networking event at Lynfred Winery featuring wines from Lynfred along with “fall in the workplace” law lessons and tips from around the Midwest. I&F's Allison Mecher, Jill Baker, Jynnifer Cotharn, Sonia Das-Sturm, Kristin Thomas, and Judy Nash Allison Mecher …

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 …

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…

Will workers’ compensation MSA guidelines extend to personal injury cases? was originally published on Inman Fitzgibbons, Ltd.

Study suggests opioids had no pain-relieving advantage in a yearlong clinical trial

The L.A. Times reported yesterday that researchers now have hard data that challenges the view that opioids'  pain-relieving benefits justify their risks.  According to the Times, in the first randomized clinical trial to make a head-to-head comparison between opioids and other kinds of pain medications, patients who took opioids fared no better over the long term than …

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 …

Understanding Medicare’s Secondary Payer Private Cause of Action against Primary Payers

As a “secondary payer,” Medicare has an interest in any workers’ compensation claims where it may have paid for medical care that might be related to the workers’ compensation injury. Medicare calls payments it makes to a Medicare beneficiary “conditional payments.” The condition is that Medicare will seek reimbursement for the payments made if it …

I&F Announces Opening of Michigan Office

I&F is extremely happy to announce that we have extended our services to the state of Michigan with the opening of a new office in Lansing. Our new office is located at 120 North Washington, Suite 300, in Lansing and can be reached at 517-234-4700. Attorneys Jynnifer Bates and Lauren Waninski will serve the firm's …