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Public Act 266 of 2011

1. Introduced by Rep. Bradford Jacobsen (R) on September 22, 2011, to modify the definitions and requirements in the law that mandates employers obtain insurance covering injured workers compensation benefits. Among other things the bill would revise the formula by which compensation levels are set, require workers still able to work to make a "good faith effort" to find work, and more. The most controversial provision bases an injured workers compensation on "reasonably available" job pay levels, rather than the person's previous job, even if the person can't find one of those "reasonably available" jobs. A number of these proposed changes reflect what courts have already ruled in some controversial cases.
   • Referred to the House Commerce Committee on September 22, 2011.
     • Reported in the House on October 26, 2011, with the recommendation that the substitute (H-2) be adopted and that the bill then pass.
   • Substitute offered in the House on November 1, 2011, to replace the previous version of the bill with one that revises details but does not change the substance as previously described. The substitute passed by voice vote in the House on November 1, 2011.
   • Amendment offered by Rep. Jon Switalski (D) on November 1, 2011, to adopt a less restrictive basis for determining the level of compensation payable to a partially disabled worker who is still able to work. The amendment failed 46 to 62 in the House on November 1, 2011.
     Who Voted "Yes" and Who Voted "No"
     
     
   • Amendment offered by Rep. Jim Townsend (D) on November 1, 2011, to require an employer to pay for an injured worker to get a second opinion on treatment recommended by a doctor selected by the employer. The amendment failed by voice vote in the House on November 1, 2011.
   • Amendment offered by Rep. Jon Switalski (D) on November 1, 2011, to revise a provision cutting benefits if a partially-disabled employee gets fired from another job, limiting such cutoffs to dismissals that were caused by the worker's "misconduct" instead of one's that were the individual's own "fault". The amendment failed by voice vote in the House on November 1, 2011.
   • Amendment offered by Rep. Vicki Barnett (D) on November 1, 2011, to strip out provisions revising details of the appointment, qualifications, evaluation and terms of workers compensation magistrates. The amendment failed by voice vote in the House on November 1, 2011.
   • Amendment offered by Rep. Vicki Barnett (D) on November 1, 2011, to revise the definition of "retirement age" in a provision that modifies workers comp benefits based on whether a person is also receiving retirement benefits. The amendment failed by voice vote in the House on November 1, 2011.
   • Amendment offered by Rep. David Agema (R) on November 1, 2011, to cut off workers comp benefits if an injured worker is found to be an illegal alien. The amendment passed 74 to 35 in the House on November 1, 2011.
     Who Voted "Yes" and Who Voted "No"
     
     
   • Amendment offered by Rep. Wayne Schmidt (R) on November 1, 2011, to require the state workers compensation agency to make recommendations on detecting and preventing waste, fraud and abuse in the system. The amendment passed by voice vote in the House on November 1, 2011.
2. Passed 59 to 49 in the House on November 2, 2011.
   Who Voted "Yes" and Who Voted "No"
   
   
3. Received in the Senate on November 3, 2011.
   • Referred to the Senate Reforms, Restructuring and Reinventing Committee on November 3, 2011.
     • Reported in the Senate on December 7, 2011, with the recommendation that the substitute (S-2) be adopted and that the bill then pass.
   • Substitute offered in the Senate on December 7, 2011, to replace the previous version of the bill with one that among other changes would not apply the proposed provisions to police and firefighters, and would limit reductions to a worker's benefits on account to being on Social Security to 50 percent of the regular benefit. The substitute passed by voice vote in the Senate on December 7, 2011.
   • Amendment offered by Sen. Rebekah Warren (D) on December 7, 2011, to essentially strip out the bill's most substantive provisions related to the definitions of "disabled" and the duties of partially-disabled workers. The amendment failed 16 to 20 in the Senate on December 7, 2011.
     Who Voted "Yes" and Who Voted "No"
     
     
   • Amendment offered by Sen. Coleman Young (D) on December 7, 2011, to grant partially disabled workers the same benefits as fully disabled workers as long as they are engaging in a good faith effort to find work within their wage-earning capacity. The amendment failed 10 to 26 in the Senate on December 7, 2011.
     Who Voted "Yes" and Who Voted "No"
     
     
   • Amendment offered by Sen. Rebekah Warren (D) on December 7, 2011, to adopt a less restrictive basis for determining the level of compensation payable to a partially disabled worker who is still able to work. The amendment failed 10 to 26 in the Senate on December 7, 2011.
     Who Voted "Yes" and Who Voted "No"
     
     
   • Amendment offered by Sen. John Gleason (D) on December 7, 2011, to also make employers responsible for paying for specialized vehicles necessary because of an injury's effects. The amendment failed 10 to 26 in the Senate on December 7, 2011.
     Who Voted "Yes" and Who Voted "No"
     
     
   • Amendment offered by Sen. John Gleason (D) on December 7, 2011, to exempt "skilled trades workers" from the bills provisions. The amendment failed 10 to 26 in the Senate on December 7, 2011.
     Who Voted "Yes" and Who Voted "No"
     
     
   • Amendment offered by Sen. Rebekah Warren (D) on December 7, 2011, to limit the application of a cap on workers comp benefits paid to certain workers who are also collecting Social Security benefits. The amendment failed 15 to 21 in the Senate on December 7, 2011.
     Who Voted "Yes" and Who Voted "No"
     
     
   • Amendment offered by Sen. Vincent Gregory (D) on December 7, 2011, to exempt veterans from the bill's provisions. The amendment failed 13 to 23 in the Senate on December 7, 2011.
     Who Voted "Yes" and Who Voted "No"
     
     
   • Amendment offered by Sen. Bert Johnson (D) on December 7, 2011, to exempt prison guards from the bill's provisions. The amendment failed 10 to 26 in the Senate on December 7, 2011.
     Who Voted "Yes" and Who Voted "No"
     
     
   • Amendment offered by Sen. Bert Johnson (D) on December 7, 2011, to exempt teachers from the bill's provisions. The amendment failed 10 to 26 in the Senate on December 7, 2011.
     Who Voted "Yes" and Who Voted "No"
     
     
   • Amendment offered by Sen. Coleman Young (D) on December 7, 2011, to eliminate a provision essentially increasing the burden of proof that a mental disability arose out out of actual events of employment, and so is eligible for workers comp. The amendment failed by voice vote in the Senate on December 7, 2011.
   • Amendment offered by Sen. Rebekah Warren (D) on December 7, 2011, to only require an injured employee to use a doctor preferred by the employer for 10 days (actually a doctory preferred by the employer's insurance company), instead of 28 days, after which the employee can get the treatment payments made to his or her own doctor). The amendment failed 14 to 22 in the Senate on December 7, 2011.
     Who Voted "Yes" and Who Voted "No"
     
     
   • Amendment offered by Sen. Rebekah Warren (D) on December 7, 2011, to establish that testimony from a vocational expert is not needed to deterimine that a partially disabled worker's skills are not transferrable to another job. The amendment failed 11 to 25 in the Senate on December 7, 2011.
     Who Voted "Yes" and Who Voted "No"
     
     
4. Passed 20 to 16 in the Senate on December 7, 2011, to modify the definitions and requirements in the law that mandates employers obtain insurance covering injured workers compensation benefits. Among other things the bill would revise the formula by which compensation levels are set, require workers still able to work to make a "good faith effort" to find work, and more. The most controversial provision bases an injured workers compensation on "reasonably available" job pay levels, rather than the person's previous job, even if the person can't find one of those "reasonably available" jobs. A number of these proposed changes reflect what courts have already ruled in some controversial cases. The bill would not apply to police and firefighters.
   Who Voted "Yes" and Who Voted "No"
   
   
5. Motion by Sen. Tupac Hunter (D) on December 7, 2011, to give the bill immediate effect. The motion passed 26 to 10 in the Senate on December 7, 2011.
   Who Voted "Yes" and Who Voted "No"
   
   
6. Received in the House on December 7, 2011.
   • Amendment offered by Rep. Jim Townsend (D) on December 13, 2011, to exempt prison guards, teachers, hospital workers and skilled tradesmen from the bill's provisions. The amendment failed by voice vote in the House on December 13, 2011.
   • Amendment offered by Rep. Jim Townsend (D) on December 13, 2011, to create an emergency room exception to a provision requiring a worker getting medical services that are paid for by an employer's workers comp insurance company must use a physician selected by the insurer for at the first 28 days. The amendment failed by voice vote in the House on December 13, 2011.
   • Amendment offered by Rep. Vicki Barnett (D) on December 13, 2011, to adopt a less restrictive basis for determining the level of compensation payable to a partially disabled worker who is still able to work. The amendment failed by voice vote in the House on December 13, 2011.
   • Amendment offered by Rep. Jon Switalski (D) on December 13, 2011, to adopt a more expansive definition of "disabilty" for purposes of determining how much compensation an injured worker is entitled to.
   • The amendment failed 47 to 61 in the House on December 13, 2011.
     Who Voted "Yes" and Who Voted "No"
     
     
   • Amendment offered by Rep. David E. Rutledge (D) on December 13, 2011, to strip out a provision of the bill that repeals a section authorizing hearings before referee or a magistrate to resolve disputes regarding workers comp benefits. The amended law would still have an appeal process. The amendment failed 45 to 62 in the House on December 13, 2011.
     Who Voted "Yes" and Who Voted "No"
     
     
7. Passed 60 to 47 in the House on December 13, 2011, to concur with the Senate-passed version of the bill, which among other changes exempted police and firefighters from the bill's provisions.
   Who Voted "Yes" and Who Voted "No"
   
   
8. Signed by Gov. Rick Snyder on December 19, 2011.