tag:blogger.com,1999:blog-74803812010-02-08T13:16:12.994-05:00Welcome to the MSIA's new blog. We started this to improve our communication with you, our members. You can leave comments on any of the entries (beneath the entries is a link),MSIA Boardnoreply@blogger.comBlogger82125tag:blogger.com,1999:blog-7480381.post-30965966204757273982010-01-28T13:57:00.003-05:002010-01-28T14:00:30.438-05:00

The Governor appointed Magistrate Logan, whose term expired this week, to the unexpired portion of Gorchow's term on the Board of Magistrates.

MSIA Boardnoreply@blogger.com0tag:blogger.com,1999:blog-7480381.post-63226649389953599062009-12-07T21:18:00.003-05:002009-12-07T21:23:08.040-05:00

Michigan Workers' Compensation Court Cases - November 2009 by: Gerald (Jerry) Marcinkoski, MSIA Executive Secretary , Attorney at Lacey & Jones

MSIA Boardnoreply@blogger.com0tag:blogger.com,1999:blog-7480381.post-46979337433340679672009-12-07T17:34:00.002-05:002009-12-07T18:02:23.157-05:00

The issue in the case is the extent to which, if at all, a Magistrate can rely upon income tax records in determining whether the claimant is an "employee" for workers' compensation purposes or an independent contractor (and, thus, not entitled to workers' compensation). In a 4-3 ruling, the Court reversed the Court of Appeals and the Workers' Compensation Appellate Commission and reinstated the

MSIA Boardnoreply@blogger.com0tag:blogger.com,1999:blog-7480381.post-85082234895947847502009-10-30T14:21:00.000-04:002009-10-31T14:32:48.010-04:00

Executive Order 2009 - Governor Granholm Issues Executive Order Reducing Number of Magistrates. The clear implication of the Executive Order is that the reduction in Magistrates will be accomplished by simply not reappointing any of the 8 Magistrates whose terms will expire January 26, 2010. The 8 Magistrates whose terms expire on January 26,

MSIA Boardnoreply@blogger.com1tag:blogger.com,1999:blog-7480381.post-85877687296498403972009-10-26T11:46:00.001-04:002009-10-26T11:52:02.132-04:00

Recent Michigan Case Law Developments

MSIA Boardnoreply@blogger.com0tag:blogger.com,1999:blog-7480381.post-32565780888047106442009-10-15T23:16:00.002-04:002009-10-15T23:21:29.517-04:00

By, Gerald (Jerry) Marcinkoski The Workers’ Compensation Appellate Commission has issued an important en banc opinion. En banc opinions are decisions rendered by the entire Commission, rather than from just a three person panel. En banc opinions are precedential and relatively rare. This particular opinion should be helpful in those cases where the claimant has a disability but is out of work

MSIA Boardnoreply@blogger.com0tag:blogger.com,1999:blog-7480381.post-61601250405773411842009-09-14T17:26:00.004-04:002009-09-14T17:33:11.346-04:00

Governor Granholm has made the following recent appointments: Murray Gorchow, present chair of the Workers' Compensation Board of Magistrates, has been appointed Chair of the Workers' Compensation Appellate Commission.Gregory Przybylo and Grannewr Ries have been reappointed to new terms on the Workers' Compensation Appellate Commission.Magistrate Christopher Ambrose has been appointed Chair of

MSIA Boardnoreply@blogger.com0tag:blogger.com,1999:blog-7480381.post-51375876126764938542009-08-25T11:21:00.006-04:002009-08-25T11:30:58.990-04:00

The MSIA is pleased to announce that its Executive Secretary, Gerald (Jerry) Marcinkoski has recently received a couple of noteworthy honors. He has been named a Fellow of the American Bar Association College of Workers' Compensation Lawyers for 2009 and also named as a "Michigan Superlawyer" for 2009. Jerry has previously received recognition as one of the "Best Lawyers in America," "Best

MSIA Boardnoreply@blogger.com1tag:blogger.com,1999:blog-7480381.post-23611755892606096492009-08-19T17:59:00.012-04:002009-08-21T09:42:38.517-04:00

By Gerald (Jerry) Marcinkoski, Lacey & JonesOpen Recent Important Michigan Workers' Compensation Decisions pdf

MSIA Boardnoreply@blogger.com3tag:blogger.com,1999:blog-7480381.post-13043493280255579592009-08-14T20:32:00.009-04:002009-08-21T09:42:08.994-04:00

By Gerald (Jerry) Marcinkoski, Lacey & JonesOpen Petersen Legal Memorandum pdf

MSIA Boardnoreply@blogger.com3tag:blogger.com,1999:blog-7480381.post-63661361531949515302009-08-06T13:18:00.002-04:002009-08-06T13:22:33.166-04:00

The Centers for Medicare & Medicaid Services (CMS) recently published User Guide 2.0 for MMSEA Section 111 Medicare Secondary Payer Mandatory Reporting. Version 2.0 (dated July 31, 2009) provides updated information on the reporting process related to Liability (Including Self-Insurance), No-Fault Insurance, and Workers' Compensation. The following link will direct you to the new User Guide:http:

MSIA Boardnoreply@blogger.com0tag:blogger.com,1999:blog-7480381.post-38849249179685962092009-07-22T14:41:00.000-04:002009-07-27T14:45:09.061-04:00

In an attempt to make it easier for entities to report workers’ compensation settlements that contemplate future medical (including prescription drug) treatments, the Centers for Medicare & Medicaid Services (CMS) proposes, by calendar year 2010, to streamline the WCMSA proposal submission process for the various affected stakeholders by making available an Internet web-based portal or interface.

MSIA Boardnoreply@blogger.com0tag:blogger.com,1999:blog-7480381.post-14223022006497853722009-07-22T14:01:00.003-04:002009-07-22T14:05:51.481-04:00

One way to examine the performance of a state workers’ compensation system is in the context of a key value proposition. When employers pay more for medical care, workers should experience better outcomes for that higher expenditure. Otherwise, the logical question becomes: why are employers paying more? Using this framework, we found that Michigan’s workers’ compensation system provided a “

MSIA Boardnoreply@blogger.com2tag:blogger.com,1999:blog-7480381.post-26139263103028640852009-03-23T17:25:00.002-04:002009-03-23T17:30:03.415-04:00

MANDATORY INSURANCE REPORTING: The Medicare, Medicaid, and SCHIP Extension Act of 2007 has created mandatory reporting requirements for Liability Insurance (including Self-Insurance), No Fault Insurance, and Workers Compensation. For additional information, please refer to the following website from the Centers for Medicare and Medicaid Services (CMS). In addition, the MSIA encourages its members

MSIA Boardnoreply@blogger.com0tag:blogger.com,1999:blog-7480381.post-51194992506871608922009-03-17T13:46:00.003-04:002009-03-17T13:53:32.709-04:00

Become a participant in a statewide initiative to build agreement around a shared goal of preventing needless work disability with an emphasis on stay-at-work and early return to work best practices ....Workability in Michigan website: workabilityim.org

MSIA Boardnoreply@blogger.com0tag:blogger.com,1999:blog-7480381.post-2942184770168193372009-01-16T14:25:00.003-05:002009-01-16T14:30:22.506-05:00

The Workers’ Compensation Appellate Commission has issued an important en banc opinion. An en banc opinion is a rarity. It is an opinion issued by the entire Appellate Commission, all Commissioners participating so as to create a precedent in the state. The recent en banc opinion is Slais v State of Michigan, Department of State Police, 2009 ACO #10.Mr. Slais was a State Trooper who suffered

MSIA Boardnoreply@blogger.com5tag:blogger.com,1999:blog-7480381.post-26817189282505576392009-01-13T10:31:00.000-05:002009-01-15T22:34:02.321-05:00

The Governor signed into law on January 12th. It takes effect immediately.Summary:OUT-OF-STATE INJURIES S.B. 1596:FLOOR SUMMARYSenate Bill 1596 (as reported without amendment) (as enrolled)Sponsor: Senator Jason E. AllenCommittee: Commerce and TourismCONTENTThe bill would amend the Worker's Disability Compensation Act to revise the provision regarding jurisdiction over injuries suffered outside

MSIA Boardnoreply@blogger.com1tag:blogger.com,1999:blog-7480381.post-46262515836314331442008-08-04T18:33:00.001-04:002008-08-04T18:35:19.974-04:00

The Michigan Supreme Court has decided an important workers’ compensation case addressing employee misconduct. The case is Brackett v Focus Hope. The question in Brackett is whether an employee’s injury related to the intentional breaking of an employer rule precluded the employee from benefits. The Supreme Court holds that benefits are barred.The employee in this case was told at the time of

MSIA Boardnoreply@blogger.com0tag:blogger.com,1999:blog-7480381.post-76990723882393093552008-06-26T15:35:00.002-04:002008-06-26T15:40:09.470-04:00

Susan Azar of Northville was recently appointed by Governor Jennifer Granholm to the Funds Administration's Board of Trustees. The board oversees the Self-Insurers' Security Fund, Second Injury Fund, and the Silicosis, Dust Disease and Logging Industry Compensation Fund. Ms. Azar is the manager of workers' compensation for General Motors Corporation, and is appointed to represent employers

MSIA Boardnoreply@blogger.com0tag:blogger.com,1999:blog-7480381.post-1887559738752222452008-06-12T17:02:00.017-04:002008-06-24T18:32:29.122-04:00

SUPREME COURT DECIDES STOKES v CHRYSLER LLCBY: Gerald M. Marcinkoski, Lacey & Jones, LLP The Michigan Supreme Court on June 12, 2008 released the long-awaited opinion in Stokes v Chrysler LLC. The Supreme Court explained how the Sington definition of disability in the Worker’s Disability Compensation Act is to be applied. Recall that Sington v Chrysler Corp, 467 Mich 144; 648 NW2d 624 (2002) is

MSIA Boardnoreply@blogger.com19tag:blogger.com,1999:blog-7480381.post-64886574379899581912008-04-15T22:06:00.000-04:002008-04-15T19:17:26.833-04:00

. As of this writing, the Supreme Court still has pending before it Stokes v Chrysler LLC, f/k/a DaimlerChrysler Corp (SC Docket No. 132648). The case was orally argued on October 4, 2007. The point orally argued in Stokes was the parties’ burdens of proof in Sington disability cases. Recall that the Court of Appeals had largely dismantled the Workers’ Compensation Appellate Commission’s en

MSIA Boardnoreply@blogger.com3tag:blogger.com,1999:blog-7480381.post-36149187055759655162008-04-15T20:11:00.001-04:002008-04-15T19:15:17.849-04:00

Michigan Court of AppealsApplying SingtonIn Miller v Grand Haven Stamped Products Co (CA Docket No. 278235, rel’d April 1, 2008), the Court of Appeals reversed the Workers’ Compensation Appellate Commission’s and Magistrate’s open award of benefits on the basis that they had misapplied Sington. The plaintiff in this case works for an automobile components manufacturer. She suffered a

MSIA Boardnoreply@blogger.com0tag:blogger.com,1999:blog-7480381.post-73880823308855482402008-04-15T19:40:00.000-04:002008-04-15T19:10:14.339-04:00

Michigan Court of AppealsApplying RakestrawIn Bousquette v Meeder Dimension & Lumber Co (CA Docket No. 274373, rel’d April 8, 2008), the Workers’ Compensation Appellate Commission had reversed the Magistrate’s open award of benefits on the basis that the Magistrate erred in failing to apply Rakestraw v General Dynamics Land Systems, 469 Mich 220; 666 NW2d 199 (2003). Plaintiff appealed. The

MSIA Boardnoreply@blogger.com0tag:blogger.com,1999:blog-7480381.post-34767545113079364852008-04-15T19:29:00.000-04:002008-04-15T19:05:21.124-04:00

Michigan Court of AppealsLosing Reasonable Employment Where The Employee Is At FaultIn Johnson v General Motors Corp (CA Docket No. 275909, rel’d January 29, 2008), the Court of Appeals addressed the “reasonable employment” (f/k/a favored work) provisions of MCL 418.301(5)-(9). Plaintiff suffered a work-related knee condition and then returned to work with restrictions. She claimed a new

MSIA Boardnoreply@blogger.com0tag:blogger.com,1999:blog-7480381.post-73233380084791698912008-04-15T19:10:00.001-04:002008-04-15T19:19:34.075-04:00

Michigan Court of AppealsMajority Decision Of The WCACIn Smith v Exemplar Manufacturing Co (CA Docket No. 272749, rel’d January 31, 2008), the Court of Appeals addressed the question of whether a splintered Workers’ Compensation Appellate Commission decision constituted a “true majority” opinion. The Appellate Commission had issued a decision that consisted of three different opinions: a lead

MSIA Boardnoreply@blogger.com0