By Donna Motlet, Vice President of Claims

It is a New Year! It seems some things change and some things remain the same, almost as if we are in some sort of time warp!

What’s new?

• For the year 2022 the new maximum weekly Workers’ Compensation benefit rate is $1,048.00. The State bases this rate on a State Average Weekly Wage of $1,163.79. Compare the Workers’ Compensation maximum which is “non-taxable” to the State Unemployment weekly maximum benefit that IS TAXABLE, $362.00. Obviously, the Workers’ Compensation weekly benefit is determined by averaging the highest 39 of 52 gross weekly wages, pre-dating the date of injury. The maximum Workers’ Compensation weekly benefit rate for 2021 was $975.00.
• The new mileage rate paid for 2022 covering mileage to and from medical appointments is $.585. The mileage rate paid for 2021 was $.56.
• In December 2021 one of the appointed Workers’ Compensation Court Magistrates “quit”. The State’s Governor appoints the Workers’ Compensation Court Magistrates. A replacement Magistrate was appointed with an expiring term of January 26, 2023. Effective January 26, 2023, 7 of the 14 currently appointed Magistrates have a term expiration. The remaining 7 Magistrates remain through January 26, 2025. There is a gubernatorial election in November 2022. It would appear that the “incoming” governor would be responsible for the new Magistrate appointments.
• Michigan Workers’ Compensation Plaintiff Attorneys got a pay increase. Their fee has been calculated at 15% of the first $25,000 (settlement), then 10% of the settlement balance. Their fee is now calculated at 20% of the first $100,000 (settlement), then 15% of the settlement balance.
• Michigan Workers’ Compensation Courts are open but will still conduct business via Zoom and Affidavits on a case by case basis.
• Per the Michigan Workers’ Compensation Act, wage loss benefits can be coordinated with Unemployment Benefits, with Workers’ Compensation taking a 100% credit of the Unemployment Benefits paid. During COVID, workers alleging work related disability were allowed to receive both State and Federal (Unemployment) benefits. Attorneys representing injured workers are diligently attempting to have orders passed eliminating Workers’ Compensation coordinating with Federal benefits.
• Multiple platforms continue to push for legislation citing COVID as a work related occupational disease/condition. Said attempts are at both, State and Federal levels, and vary from state to state.

What is not new ?

• Employees continue to diagnose with COVID/Omicron, continue to “test” for COVID/Omicron, allege exposure to COVID requiring the necessity to quarantine. Employers still suffer from a labor shortage, consumer products are experiencing shortages, a significant portion of the workforce continue to work from home, doctor offices limit visitor attendance, physician appointments are being cancelled and rescheduled. Debate continues over vaccination and vaccine mandates. Recreational marijuana is legal. Stress levels remain high. Everyone is anxious for Spring/Summer!

When hiring new employees, please make sure they receive proper training and instruction to perform their job duties. We have seen an increase in serious injuries of recent hire employees. Please stress the importance of NOT taking shortcuts – the results can be serious. Please make sure new employees are familiar with your company policies, procedures and protocols. While a short-cut may seem like a good idea at the time, taking a short cut can create serious long-term issues. Employers must also keep MIOSHA regulations in mind at all times.

A couple months ago I wrote you about out-of-state staff i.e., when you have employees in states other than Michigan. Trying to avoid the 27-point test, I broke it down to a few simple points that work in nearly all cases. That article prompted many calls from you, and I think we answered your individual questions. With that topic mostly behind us, the next logical area is “when are my subcontractors (and their employees) MY employees?” Like the complicated list of test questions for an employee’s coverage state, the sub-contactor test is just as complicated and varies widely by state. I will focus on Michigan rules but use a couple other state examples to illustrate the state differences.

Is this the employee covered in Michigan, or another state?

Part of my daily tasks is answering member’s questions. When a particular question begins to surface weekly, it’s time to share the question and answer with all of our members. The recent regular question looks like this “Is my employee in Indiana covered by my MTM policy?” With more remote working going on especially in sales and clerical/engineering jobs it seems logical that this question is coming up more.

While the rules can vary by state, and in fact even in Michigan there is a complicated more than 15 question criteria that is used, there are three or four much more simple questions that answer the vast majority of situations. Because our members need quick reference answers, let me walk you through this simple criteria.

By Donna Motley, Vice President of Claims

We have received many requests in relation to whether or not employers can mandate COVID-19 vaccinations for their employees. I reached out to one of our attorneys, William Buie of Conklin Benham to provide information that could be shared with our policyholders. Below is the information that I received from him:

The U.S. Equal Employment Opportunity Commission (EEOC) recently issued guidance stating that employers can generally mandate Covid-19 vaccines for employees who physically enter the workplace without violating federal antidiscrimination laws. However, employers requiring employees to get vaccinated need to consider religious and disability related objections and explore reasonable accommodations that may be required under the Americans with Disability Act.

By Ruth Kiefer, MSc, ARM

As my team and I continue to assist you with the most recent COVID-19 rules and regulations, we are still fielding questions regarding outbreaks and what to do if an employee tests positive. Awhile back, MIOSHA dialed back their requirements for protecting your employees from COVID-19 and are now highly recommending that employers follow the updated CDC guidelines due to the Delta variant.

Recently, MIOSHA has rescinded their Emergency Order and dialed down their requirements. They are strongly encouraging businesses to follow the CDC and OSHA guidance concerning protecting your workers from COVID-19 and allowing you to use your judgement in continuing using your COVID-19 Response Plans. What does that mean exactly? What are your obligations to your employees? Will they fine you? The good thing is, you are already prepared to follow the CDC/OSHA guidelines, you have your COVID-19 Response Plan, you are completing your health screenings, and you are protecting your unvaccinated employees by social distancing and/or requiring them to wear masks when they can’t maintain six feet of distance from others.

As referenced by OSHA, the CDC’s Interim Public Health Recommendations for Fully Vaccinated People explain that under most circumstances, fully vaccinated people need not take all the precautions that unvaccinated people should take. For example, CDC advises that most fully vaccinated people can resume activities without wearing masks or physically distancing, except where required by federal, state, local, tribal, or territorial laws, rules and regulations, including local business and workplace guidance. OHSA is recognizing the vaccination status of your employees, so if 100% of your employees are fully vaccinated, then you may stop reading and go about your life as if there is no pandemic, this is the carrot of the governing agencies. However, if you have employee’s that are not fully vaccinated, then continue on with the read. Remember, MIOSHA does have the duty to protect Michigan workers and has the flexibility to rule under OSHA.

The Michigan Occupational Safety and Health Administration (MIOSHA) this week issued updated COVID-19 workplace rules that all employers must follow. The rules supersede the Emergency Rules (“Rules”) filed on Oct. 14, 2020, and extended by the Governor in April through October 2021.

These rules have been scaled back for those who are vaccinated and are designed to be more aligned with the new Centers for Disease Control (CDC) guidance and the Michigan Department of Health and Human Services (MDHHS) Epidemic Orders (current and new as of June 1). The new Rules require employers to:

By Chris Demeter, Senior Loss Control Consultant

How many of you remember your first paying job? My first job was at Kentucky Fried Chicken. At 16-years old, I was frying chicken in 350°F oil in a pressure fryer until golden brown. I do recall a few burns from splattering oil while performing my duties. Overall, the job was alright since I was able to eat all the chicken I wanted and I saved up enough money to buy my first car. It was a 1970 Ford Torino GT, in which I tended to have a lead foot that led to a few unwanted but deserved traffic tickets. According to my wife, I drive like a grandpa now so no more driving like that young inexperienced driver.

Young workers have high rates of job-related injury. According to the Department of Labor, in fiscal year 2020, teens age 15-19 were treated in the emergency room for a workplace injury approximately every 5 minutes. These injuries are often the result of the many hazards present in the places they typically work, such as sharp knives and slippery floors in restaurants. Young workers are at risk of workplace injury because of their inexperience at work and their physical, cognitive, and emotional developmental characteristics, and a lack of safety training also contribute to high injury rates. They often hesitate to ask questions and may fail to recognize workplace dangers. To help address this problem, MIOSHA enacted the Youth Employment Standards Act 90 of 1978. The Act defines a minor who is less than 18-years of age, including but not limited to employees, volunteers, independent contractors, and performing artists.

By Ruth Kiefer, MSc, ARM, Vice President of Loss Control

As you know an outbreak at your facility can be devastating not only to your staff morale but to your production line as well. This puts you in a pinch and scrambling for staff to complete your orders for 14 days while they are quarantining. As of December 8, 2020 the CDC has put forth new guidelines for quarantining. So here is the bottom line… those who have had close contact still need to quarantine and the local health department will determine the length of time, but this time could be significantly reduced.

The current posters that have previously been distributed to you are up to date with the current state and federal requirements. The COVID poster is required until December 31,2020 and due to the potential for that date to be extended or new poster requirements, we have decided to postpone our annual poster mailing until Spring to make sure that the posters meet all requirements. In the event that there is a new requirement, we will send the update to you.

Payroll renewal forms are in the process of being prepared for the January 1, 2021 renewal. While it seems like January is far off in the future, the renewal process begins months ahead of time. Once you receive the renewal form to update your payroll and locations please complete it to the best of your ability and return it to us promptly. If you have questions on completing the form, contact Glenda Moyle at Glenda.Moyle@mtmic.com or (248) 715-0015. 

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.

With the current changes that we are seeing on a weekly basis, the MTMIC Loss Control staff have put together a Best Work Practices During COVID-19 guide. If you have questions regarding this guide or anything related to COVID-19, please contact us at losscontrol@mtmic.com. 

By Ruth Kiefer, MSc, ARM, Vice President of Loss Control

My team and I have been trying to keep up with these crazy times and have developed a tool-kit on our portal to help assist you with this event. The MTMIC Loss Control Department is eager to assist you with providing a safe workplace for your current employees. To help you with this, we have developed Best Practices for protecting your employees, a medical check log, and have tried to clear the interpretation of how to report Covid-19 on your 300s if any employees test positive for the virus.

By Donna Motley, Vice President of Claims

By the time you are reading this, it is hoped that we are slowly getting back to “normal”, or at least our regular routine. The last couple of months have seen some employers reduce staff, temporarily shut down and/or even close their doors permanently. Once everyone is able to return to work, will everyone still have a job? Will business increase to make up for the lost time and revenue? It is anyone’s guess.

By Chris Boggs, CPCU, ARM, ALCM, LPCS, AAI, APA, CWCA, CRIS, AINS

Published with the author’s permission.

A pandemic is defined as, an outbreak of a disease that occurs over a wide geographic area and affects an exceptionally high proportion of the population.” Although the media lives by the motto, If it bleeds, it leads,” declaring a pandemic anytime more than a few people contract a virus, this time even the World Health Organization (WHO) is warning of possible Coronavirus (COVID-19) pandemic. Coronavirus expert, Professor Gabriel Leung, Chair of Public Health at Hong Kong University, says that unchecked, the virus could infect 60 percent of the global population meeting the definition of a pandemic.

My intent is not to accuse the media of sensationalism, nor to intimate that WHO is overreacting (I don’t think they are); my purpose is to answer the question, what makes an illness an occupational illness” and thus compensable under workers’ compensation? More specifically, how does or might workers’ compensation respond to the Coronavirus?

By Travis Halsted, Loss Control Consultant

During our daily discussions within MTMIC’s Loss Control team, we are constantly looking for ways to help our policyholders identify ways to be proactive and compliant with MIOSHA’s standards. One area that comes up quite often are confined spaces. Whether it be construction or general industry,

MIOSHA regularly cites infractions for these often overlooked areas. Through the 10 years I have been involved in workplace safety, I have found the confined space topic to be the most difficult topic to complete, discuss, teach and interpret. Is it a confined space? If so, is the area a permit required confined space? If it is a permit required confined space then am I able to eliminate the need for the permit? These are all great questions and they often leave people with their head spinning. In many cases, the person just ends up not completing the necessary items.

By Chris Demeter, Senior Loss Control Consultant

When is the last time you had to use your first aid kit at home? Of like me, do you know where it is located at? About a month ago my wife was cutting up vegetables for dinner when she calls out “Could you please come in here now”. As I enter the kitchen, she is standing at the counter with a wad of paper towels around her finger. Me being the concerned husband asking the obvious “What did you do”? I cut my finger; could you please grab the first aid kit please? Where is it? It is in the bathroom under the sink. After securing the first aid kit and saving her finger, I ask “what time will dinner be done”? Needless to say, I finished dinner and cleaned up.

The Occupational Safety and Health Administration (OSHA) medical services and first aid regulation, 29 Code of Federal Regulations (CFR) 1910.151(b) states, “In the absence of an infirmary, clinic, or hospital in near proximity to the workplace which is used for the treatment of all injured employees, a person or persons shall be adequately trained to render first aid. Adequate first aid supplies shall be readily available.”

By Donna Motley, Vice President of Claims 

The path an injured worker’s claim can take, can go in many directions.

The perfect claim would be: an employee sustains an injury in the course of employment; it is reported immediately to the employer (supervisor or Human Resources) per company protocol; the injured worker is immediately sent to the Occupational Clinic for an evaluation, diagnosis and treatment plan; the claim is filed with the MTMIC Claims Department within 24 hours of the injury; the injured worker may be off the “rest of shift” and return to work the next day, with or without restrictions; the injured worker returns to the clinic, the injury has resolved, a full release and discharge from care has been given; medical bills are forwarded to MTMIC for payment; and the claim closes in 90 days or shortly thereafter!

It may sound somewhat “drawn out” but, basically, this is an example of a “simple” claim.

By Ruth Kiefer, IH, ARM, Vice President of Loss Control

The year end is fast approaching and once again we will be addressing your record keeping questions for the next few months to come. MiOSHA requires that all recordable injuries be logged onto the MIOSHA Form 300 throughout the year, and when it comes to determining how many days away from work should you be logging on the form always results in questions. To better prepare you in completing the MiOSHA Form 300, let us review some of the most common questions regarding days away from work. Over the years, the questions below, have been some of our most common questions to date that we seem to get every year.

(1) How do I record a work-related injury or illness that results in days away from work?

When an injury or illness involves 1 or more days away from work, you must record the injury or illness on the MIOSHA 300 Log with a check mark in the space for cases involving days away and an entry of the number of calendar days away from work in the number of days column. If the employee is out for an extended period of time, you must enter an estimate of the days that the employee will be away, and update the day count when the actual number of days is known.