Keys To The Reduction of Risk
46
HSAWCF Annual Meeting Keys To The Reduction of Risk September 18, 2014 Hanba Lazar P.C. Larry Cianciosi Jon Rea
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Transcript of Keys To The Reduction of Risk
HSAWCF Annual Meeting
Keys To The Reduction of Risk
September 18, 2014 Hanba Lazar P.C.
Larry CianciosiJon Rea
Key Topics:
o Michigan Statisticso Definitionso Assault
o Motor Vehicle Accidents (MVA)o Seasonal Employmento Willful Misconduct
2005
2005
2009
2005
2009
2014
Definitions:
o 301 (1)
Definitions:
o 301 (1)o An employee, who receives a
personal injury arising out of and in the course of employment shall be
paid compensation
Definitions:
o 301 (3)
Definitions:
o 301 (3)o An employee going to or from his
or her work while on the premises where the employee’s work is to be performed and within a reasonable
time before and after his or her working hours is presumed to be in
the course of his or her employment
Assaults:
Assaults:
Assaults:
Assaults:
o To be compensable the assault must be connected with employment and not
motivated by personal reasons
Assaults:
o Devault v GMCo 149 Mich 765 (1986)
o Published Caseo Magistrate Awarded Benefitso WC Board Denied Benefits
o Court of Appeals Affirmed Denial
Assaults:
o Morris v Solowayo 170 Mich App 765 (1986)
o Published Case
Assaults:
Assaults:
o Investigation is the keyo Whoo Whato Wheno Whereo Whyo How
Motor Vehicle Accidents:
Motor Vehicle Accidents:
Motor Vehicle Accidents:
Motor Vehicle Accidents:
o In general MVA’s occurring while going to and from
employment are not compensable where the
MVA does not occur on the employer’s premises.
Motor Vehicle Accidents:
o Stark v L.E. Meyerso CO 58 Mich App 439 (1973)
o Law was evolving to a rule whereby compensation should be
awarded only where there is a sufficient nexus between the
employment and the injury so that it may be said the injury was a circumstance of employment.
Motor Vehicle Accidents:
o Thomas v Staff Builderso Health Care 168 Mich App 127 (1988)
o Six possible exceptionso Special Mission
o Special Benefit to Employer
o Employer Furnished Transportation
o Dual Purpose
o Traffic Risk
o Flexible Working Schedule
Motor Vehicle Accidents:
Motor Vehicle Accidents:
o Keys to success identify:o Motor Vehicle Involved
o Route
o Deviation
o Work Schedule
o Purpose of Travel
o Responsibility for Travel Expenses
o Travel Necessity
Seasonal:
Seasonal:
Seasonal:
Seasonal:
o 301 (4) Defines ‘disability’ as a limitation of the
employee’s wage earning capacity due to injury
Seasonal:
o A sufficient nexus must exist between the wage loss
and the injury
Seasonal:
o Raybon v DP Fox Football Holdings
o LLC 2007 Mich App Lexis 1751 Unpublished
Seasonal:
Seasonal:
o Keys to successo Prove a Pattern
MESC Social Security Earning Reports
Contracts for Employment State and Federal Income Tax
Returns
Willful Misconduct:
Willful Misconduct:
Willful Misconduct:
o 305 If the employee is injured by reason of his or her intentional and willful
misconduct he or she shall not receive compensation
under the provisions of this act.
Willful Misconduct:
Willful Misconduct:
o Allen v National Twist Drill & Tool
o Co 324 Mich 660 (1949)
o Got Comp
Willful Misconduct:
o Shepard v Brunswicko Corp 36 Mich App 307 (1971)
o Comp Denied
Willful Misconduct:
Willful Misconduct:
Willful Misconduct:
Willful Misconduct:
o Keys to Success
o Employer Rules and Policieso Proof of Enforcement
o Terminate
