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2011 House Bill 5002: Revise workers comp benefits

Public Act 266 of 2011

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.   Official Text and Analysis.
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.
    See 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.
    See 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
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.
    See Who Voted "Yes" and Who Voted "No".
Amendment offered by Sen. Coleman Young, II (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.
    See 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.
    See 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.
    See 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.
    See 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.
    See 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.
    See 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.
    See 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.
    See Who Voted "Yes" and Who Voted "No".
Amendment offered by Sen. Coleman Young, II (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.
    See 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.
    See Who Voted "Yes" and Who Voted "No".
Passed 20 to 16 in the Senate on December 7, 2011.
    See Who Voted "Yes" and Who Voted "No".
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.
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.
    See Who Voted "Yes" and Who Voted "No".
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.
    See 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.
    See Who Voted "Yes" and Who Voted "No".
Passed 60 to 47 in the House on December 13, 2011.
    See Who Voted "Yes" and Who Voted "No".
To concur with the Senate-passed version of the bill, which among other changes exempted police and firefighters from the bill's provisions.
Signed by Gov. Rick Snyder on December 19, 2011

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