Michigan workers compensation lawyer discuses why some issues are decided before trial even begins.
Magistrates are appointed by the governor to preside over workers compensation trials. These are formal hearings and testimony is taken under oath. Medical and vocational evidence is usually submitted through depositions.
The magistrate will determine the facts and law. This includes whether a person sustained a work-related injury and how much should be paid. Reasonable and necessary medical treatment can also be ordered.
Trial can last anywhere from a few hours to several days. A decision is typically issued within a few months. However, some issues can be stipulated even before trial starts. This speeds the trial process and narrows the issues for the magistrate.
That both the employer and the employee were subject to the Act on the date of injury alleged.
That the respondent insurance carrier/self-insured carried the risk.
That the employee was in the employ of the respondent at the time of the alleged personal injury.
That a personal injury arose out of and in the course of employment.
That the claim was made within the statutory prescribed period.
That disability is due to the alleged personal injury.
To the gross wage excluding fringe benefits.
Value of discontinued fringe benefits.
The date fringe benefits were discontinued.
IRS filing status.
Number of dependents.
Appropriate weekly compensation rate.
Whether employee has received any other benefits subject to coordination or offset.
To speak with a workers compensation lawyer in Michigan, call (855) 221-2667 for a free consultation. We can hold your employer and its insurance company accountable for paying the correct amount of benefits.
– Alex Berman is the founder of Michigan Workers Comp Lawyers. Hes been representing injured and disabled workers exclusively for more than 35 years. Alex has helped countless people obtain workers compensation benefits and never charges a fee to evaluate a case.
– Photo courtesy of Creative Commons, by danja.