The Flint Journal & Genesee County Bar Association's "Ask the Attorney"

MACDONALD, FITZGERALD & MACDONALD, P.C

Q. I was injured at work and can’t do my job. My employer's insurance company won't pay me workers' comp. It instead hired some 'expert' to say that there are other lesser paying jobs somewhere in America that I can still do, even though no one will offer me a job I can do and I can't find one. Is this legal?

A. No. In Michigan, workers' comp benefits are generally payable if a work injury results in actual lost wages. The insurance industry unsuccessfully lobbied the Michigan Legislature in the 1990's to slash the benefits of injured workers who have the 'theoretical' ability to do some work somewhere even if they aren't offered a job or can't find one. However, the insurance industry is hoping that the Michigan Supreme Court–including Chief Justice Cliff Taylor who is up for re-election–will overturn 70 years of legal precedent and give the insurance industry the legal changes it could not convince the Legislature to adopt. If the insurance industry succeeds, taxpayers can look forward to paying more for public assistance to out-of-work injured workers. You need a lawyer--and need to keep your eyes on the Court. (Note: Michigan voters removed Justice Taylor from office in November 2008.)

Atty. Robert J. MacDonald
--February 2008 column