6. Michigan discussed legislation to redefine ‘disability’

By Joseph

Published on:

6. Michigan discussed legislation to redefine 'disability'

Legislators in several states have sought to extend workers’ compensation benefits in recent years, and these efforts will continue in 2024.

As of late December, a bill in Michigan was still working its way through the legislature to revise the definition of “disability” and eliminate the distinction between total and partial disability in workers’ compensation law.

A story about the opposition to S.B. 1079, which was introduced on November 7 and sent to committee on December 18 after some revisions, was the sixth most-read workers compensation-related story on the Business Insurance website in 2024.

The Michigan Chamber of Commerce claimed that the bill would upset the balance of workers’ compensation laws.

The current law defines disability as a limitation on an employee’s wage-earning capacity caused by an injury or illness, and it states that a limitation on wage-earning capacity occurs only when a person is unable to perform all jobs paying the maximum wage in work that is appropriate for the person’s qualifications and training.

The bill also proposes that a wage-earning capacity limitation be deemed to occur if an injured worker is unable “to perform or obtain one or more jobs in work that the employee performed before or at the time of the personal injury” and that is appropriate to the worker’s training and experience.

The bill would also repeal two sentences from the definition of disability, which state that a disability is total if the employee is unable to work in any capacity and partial if the person has some ability to work but earns less than before the injury.

A similar bill, which would affect disability eligibility for injured workers in Michigan, was pre-filed on December 13 for consideration in 2025.

SOURCE

Recommend For You

Leave a Comment