Michigan Issues Executive Order Regarding First Responders and COVID-19

On March 18, 2020, Governor Gretchen Whitmer issued an Executive Order which placed into effect Emergency Administrative Rules for the Michigan Workers' Disability Compensation Agency relative to all "first response" employees who are exposed to the COVID-19 virus. These Emergency Rules are slated to remain in effect for six months, or until September 18, 2020. Under the Emergency Rules, a "first response" employee is defined as:  

- A person working in a health facility or agency as defined in the Public Health Code, MCL 333.1101 to 333.2521;

- A person working as a health care practitioner, or working in a health care organization or industrial medicine clinic, as those terms are defined in the Workers' Compensation Health Care Service Rules, R 418.10108 to 418.10109; or

-A person working as a paid or on-call police officer, fire fighter, EMT, volunteer or civil defense worker, as those terms are defined in Section 161(c) to 1610) of the Workers' Disability Compensation Act of 1969.

The Emergency Rules for "first response" employees supersede Section 401(1)(b) of the Workers' Disability Compensation Act, which provides that ordinary diseases of life to which the general public is exposed are not compensable as a "personal injury." Instead, the Emergency Rules create a presumption that a "first response" employee has suffered a compensable work-related personal injury if that employee meets ONE (1) of the following criteria:

-The employee is quarantined at the direction of the employer due to confirmed or suspected COVID-19 exposure;

-The employee receives a COVID-19 diagnosis from a physician;  

-The employee receives a presumptive positive COVID-19 test; or

-The employee receives a laboratory confirmed COVID-19 diagnosis.

The Emergency Rules dictate that all COVID-19 testing, treatment, quarantine and any resulting disability should be covered by workers' compensation. Any denial of a claim which is subject to these Emergency Rules will create a presumption of non-compliance and exposure for penalties under Section 631 of the Workers' Disability Compensation Act.

Michigan employers should prepare for an influx of workers' compensation claims related to the COVID-19 pandemic.

The attorneys at Charfoos Reiter Hebert, P.C. remain available to consult regarding any questions or concerns as to this rapidly evolving situation 

Submitted by James J. Ranta, Esq. (P69736)
Charfoos Reiter Hebert, PC
30500 Northwestern Highway, Ste. 450
Farmington Hills, MI  48334-3177
Direct: (248) 406-0065
Telephone: (248) 626-7300

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