By Donna Motley, Vice President of Claims

As we slowly attempt to return to our former lives (I’m not going to say “return to normal” because, let’s face it, I doubt things will ever be what we considered “normal” in the past), there will certainly be challenges that need to be met. MTMIC was fully functional during the “stay safe” order. Challenges were met in making sure injured workers received appropriate care and treatment. Telemedicine and Teletherapy were utilized. Nurse Case Managers were not allowed to attend appointments of those physicians that were continuing to see patients in person, so they would have a follow-up conference with the injured worker and the physician’s office and obtain the required paperwork for our department. However, for the most part, physicians were reluctant to do more than keep the injured worker “status quo” while utilizing Telemedicine. Teletherapy was a little more effective, as the therapist could actually watch and respond to the injured worker while maneuvers were performed. A few injured workers did advise they “preferred” in person therapy and returned (under CDC guidelines) as soon as they were allowed.

Obviously, the Workers’ Compensation Agencies were not/are not open, although magistrates were/have been conducting business via telephone and/or Zoom. A couple of our cases were even Redeemed via tele-net. As of this writing, the Workers’ Compensation Agencies, which other than the Lansing facility, are the Workers’ Compensation Courts, are not scheduled to “open” until June 9, 2020. There are certainly challenges that will need to be met. As an example, the Detroit Agency, probably one of the busier W/C agencies, is located in downtown Detroit on West Grand Boulevard (across from the Fisher Theatre). It is an older building. The Agency spans one half of the third floor. The entrance is next to the elevators. The waiting room for the injured workers is very large and certainly “social distancing” can be maintained. However, the hallways leading to the actual Courts and attorney conference rooms is very narrow – barely enough room for two people to pass by each other. 

The conference rooms are approximately the size of a standard home bathroom – large enough to house a rectangle table and chairs that seat four people.

The actual Court has the magistrate’s “bench”, raised like you would see in a movie (with an exit/entrance door behind the bench). Approximately six feet in front of the magistrate’s bench is a rectangle table with four chairs facing the bench (this is where the attorney and their client sit). Approximately six feet behind this table are a row of four to six chairs for observers.

The Agency is busiest in the morning. Attorneys are attempting to obtain new hearing dates on cases. The magistrate will conduct Redemptions and/or Facilitations. Last on the agenda even in these tiny rooms would be cases proceeding with a Trial. Realize, attorneys that handle Workers’ Compensation have multiple cases proceeding at any given time. Pretty much all the attorneys know each other and are generally cordial, if not outright friendly with each other. Before attorneys approach the magistrate to obtain a new hearing date, the attorneys discuss the merits of the case and basically, what dates work with their schedule. They then approach the magistrate together to schedule a date on the Court’s calendar.

Now what you might not know, is that the door to the actual Court locks from the inside. Once inside the Courtroom and the door is closed, no one gets in until the door re-opens. Obviously, while the magistrate is presiding over a Facilitation, Redemption or Trial, the door is closed. At that time, the multitude of attorneys are pacing back and forth, all wanting to be the first one in the room when the door opens. The (narrow) hallways are full of conversations, attorneys looking for someone, attorneys asking if the Judge is free yet, staking their claim and yes, there is some discussion about what they did on the weekend, a golf game or current events. When that door opens, it is like releasing floodwaters – they all pour in!

It reminds me of “ants at a picnic” or “puppies in a small box” – perpetual motion – everyone is on top of everyone else. Social distancing – no way! Judges tend to be a little bit older. A lot of the attorneys are still practicing beyond the age of 60 – certainly putting them at higher risk during a pandemic.

Now, along about 1:00 P.M. the agency is almost like a ghost town. If not conducting a trial, the magistrates review cases and handle paperwork. The attorneys return to their office to work.

Maybe the State will decide to keep most business via teleconferencing. It would be nearly impossible to do everything by appointment; there are just too many moving parts.

As all forms of media have been indicating – we are all in this together. We will get through this as necessity is the mother of invention and it will be interesting to see what happens next. In the interim, the result is that most claims are being delayed from proceeding in a forward fashion. But, we continue pushing for a satisfactory result for everyone involved!