October 9, 2020
Concerning recent decisions made by the Michigan Supreme Court that Governor Gretchen Whitmer did not have the authority to issue emergency orders during the COVID-19 pandemic, uncertainty looms for Workers' Compensation claims. Foster Swift's Workers Compensation Practice Group has been referenced in the media multiple times for their input on the matter:
- In an article entitled "Court ruling to eliminate COVID-19 presumption in Michigan"by Businesses Insurance, a recent e-blast sent out by Foster Swift's Worker's Compensation Practice Group's was referenced. The article discusses the Michigan Supreme Court's recent decision that Governor Gretchen Whitmer did not have the authority to issue emergency orders during the COVID-19 pandemic, including making it easier for first responders and health care workers who contract COVID-19 to obtain workers' compensation benefits.
Among the measures affected is the rebuttable presumption for first responders and health care workers. This order presumes that if workers have contracted COVID-19 they did so in the workplace unless the employer can prove otherwise. See the full article here.
- Attorney Michael Cassar was quoted in an article featuring individuals from the legal field entitled "Ruling to Strike Down Presumption Order May Allow Claims to Be Reopened". The article discusses the uncertainty surrounding these recent updates. See the full article at workcompcentral.com.