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  1. #1
    Join Date
    May 2015

    Default Taking Early Retirement With a Pending Worker's Comp Case

    Can you take an early retirement if you have a comp claim that has not gone into mediation in the state of michigan

  2. #2
    Join Date
    Oct 1971

    Default Re: Kerriemarie57

    Quote Quoting kerriemarie57 View Post
    Can you take an early retirement if you have a comp claim that has not gone into mediation in the state of michigan
    Depends on if the employer is willing to cooperate.
    They've changed the laws in that state, they made it basically impossible to collect long term benefits.
    The carrier enjoys the benefit of a "phantom wage" they get credit for a job that doesn't exist but according to their statistics, it should.
    When you deduct the amount of this "phantom wage" from your benefits, you are basically left with zero.
    Here's some articles that explain.

    "One of the more controversial changes has to with the amount a worker can be compensated.
    Workers will be compensated at a rate based on "wage earning capacity."
    That means the amount a person on disability could potentially make at another job "whether or not wages are actually earned."
    Those potential wages could be deducted from a person's compensation."

    Here's the language from the bill:
    "Wage earning capacity" means the wages the employee earns or is capable of earning at a job reasonably available to that employee, whether or not wages are actually earned. For the purposes of establishing a limitation of wage earning capacity, an employee has an affirmative duty to seek work reasonably available to that employee, taking into consideration the limitations from the work-related personal injury or disease. A magistrate may consider good-faith job search efforts to determine whether jobs are reasonably available.

    This means that the injured worker must prove that he or she cannot find work that would pay maximum pre-injury wages. This is a very difficult standard because the injured worker must somehow define the “universe of jobs” that he or she may or may not be qualified to do.
    This standard puts a nearly impossible burden on the injured worker.
    The injured worker must now look for other jobs that he or she has never done or even considered.

    In the usual order of events, the legislature passes laws that are then interpreted by our Supreme Court. With Stokes, on the other hand, the tail wagged the dog. Our Republican-controlled state legislature wrote the extremist Supreme Court’s phantom wages provision right into the workers’ comp law. This is “Exhibit A” in the case against the Republicans one-party rule in Michigan, especially when that one party is controlled by its most extreme elements. The point to remember is that the Republican-controlled majority on the Michigan Supreme Court gave us this phantom wages disaster.

    You can thank your Republican governor Rick Snyder for this nifty rule.
    Premiums for worker compensation insurance remain the same in the state of Michigan, the employers save nothing - the carriers keep all.
    Snyder and his buddies are laughing all the way to the bank, they stand to make billions in disability payments stolen from injured workers.

    Moderator Responses are based on my personal bias, experience and research - They do not represent the views of the admin nor may be accepted in the legal community, always consult an attorney.

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