Workers' Compensation

Question 1

Partial Disability

Answer 1

Disability is always measured by post-injury wage earning capacity (not actual wages received).

Partial disability for the purposes of the statute is when:

1. employee has lower wage earning capacity than prior job
2. for jobs within his qualifications and training

Question 2

Medical Examination

Answer 2

An employee is obligated to submit to an employer’s requested medical examination.

1. Employer requests the examination
2. Employer pays for the examination
3. Employer arranges for examination with a licensed Michigan physician

If an employee fails to comply with an appropriate medical examination request, the employee forfeits his rights to workers’ compensation.