Michigan Compensation Appellate Commission has some harsh words for people who refuse to look for employment.
We have written extensively about the need to perform a good-faith job search. This requirement was put into the WDCA as part of 2011 legislative reforms. It should be no surprise that people are now losing cases because they refuse to comply with this obligation.
The Michigan Compensation Appellate Commission (MCAC) has now gone a step further in the case of Stephanie Opatrny-Smith vs. Michigan State University, 2015 ACO # 18. It has suggested that an individual actually has a duty to mitigate against loss of wages.
Here is how the MCAC viewed the proofs in the above case. “Other than some vague testimony that she checked want ads, she also testified, as supported by her union representative, that she was told not to look for work as apparently she was thought to be by then, tied to the employer. This may work for unemployment insurance law or collective bargaining law, but it does not, by a long shot, meet her responsibility to seek any and all jobs that would mitigate against any loss of wages.”
How many job applications is enough?
There is no hard and fast rule about how many resumes or applications you must complete. We tell our clients to apply for as many jobs as reasonably possible. Consider skills, qualifications, training, and hobbies. Think outside the box!
Just 4 applications per week can quickly add up during the time your case is pending. This will also give the magistrate plenty of evidence that no employer wants to hire you because of restrictions.
It is important to keep a written job search log. Include dates, company names, contact information, and job titles. Save copies of applications, e-mails, and rejection letters. This can be put into evidence during trial.
Michigan Workers Comp Lawyers never charges a fee to evaluate a potential case. Our law firm has represented injured and disabled workers exclusively for more than 35 years. Call (855) 221-2667 for a free consultation today.
Related information:
Why your “wage earning capacity” matters under Michigan workers compensation
