Changing Times In July of 2018, we reported on a case that should have given many adjusters and insurance carriers cause for concern. At that time, the Worker’s Compensation Appellate Commission issued a ruling in the case of Fisher v....
Michigan's Auto Insurance Changes: Things to Know Governor Gretchen Whitmer signed historic no-fault auto insurance reform legislation on May 30, 2019. After decades of debate over the 1973 auto insurance law, both the Senate and House approved a bill to lower Michigan's highest-in-the-nation auto insurance rates. The...
Marihuana and the Workplace: An Explanation of Employer Rights As of December 6, 2018, marihuana was made legal for recreational use in Michigan. The use of medical marihuana has been legal in Michigan since 2008 when Michigan enacted the Michigan Medical Marihuana Act (MMMA). Marihuana use is becoming...
Minthorn In My Side The recently-decided case of Michael Minthorn v. ET 10 Inc. was unusual from the outset. Plaintiff was working underneath a boat when the supports holding up the boat collapsed, causing injuries. Most notably, Plaintiff suffered a fracture of the...
Making the Transition Michigan law does not explicitly prohibit discrimination on the basis of sexual orientation or gender status, but Federal law does, based on the provisions of Title VII. In fact, the Federal court system recently made an important ruling on this exact issue. In...
No Recoupment for You Many defendants and insurance carriers hope that if an accidental overpayment is made to a claimant, those funds can be recouped at a later date. A recent case handed down from the Worker’s Compensation Appellate Commission made recovery in those cases more...
Thank you to everyone who sent in their answers to our “You be the Judge” article. There was a lot of good analysis in your responses. When evaluating this scenario, there are two main legal frameworks that we have to apply. First, we have to...
Growing Our Ranks Hanba & Lazar added to its team in September by hiring a new associate, Aaron Majorana. Aaron has experience in employment law, and his prior firm specialized in claims involving the Elliott-Larsen Civil Rights Act, Family and Medical Leave Act, and Whistleblower’s Protection...
In a fairly unusual occurrence, the Michigan Court of Appeals recently issued two opinions directly addressing issues that are frequently seen in the Worker's Compensation arena. While only one of the decisions will have a binding effect after being published, we are glad to see...
The Court of Appeals, in an unpublished decision, Florian v Grimm, commented upon the standard for establishing disability in a workers’ compensation case in Michigan. Facts Florian was a logger who suffered a leg injury while at work. Magistrate Moher determined that Plaintiff was entitled to an open...