June 12, 2019, Introduced by Senators ANANICH, GEISS, ALEXANDER, BULLOCK, WOJNO, IRWIN, MCMORROW, HERTEL, BAYER, SANTANA, MOSS, POLEHANKI, MCCANN, BRINKS and HOLLIER and referred to the Committee on Government Operations.
A bill to amend 1969 PA 317, entitled
"Worker's disability compensation act of 1969,"
(MCL 418.101 to 418.941) by adding section 303.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 303. (1) This section applies to a personal injury or
work-related disease compensable under this act that occurs on or
after the effective date of the amendatory act that added this
(2) Notwithstanding any other provision of this act, a good-
faith job search effort or good-faith effort to procure work is
conclusively presumed to exist if either of the following are met:
(a) Both of the following are met:
(i) The employee is still employed by the employer that is
responsible for securing payment of compensation to the employee
for the employee's personal injury or work-related disease.
(ii) The employee attempted to obtain an accommodated job or
other job with the employer described in subparagraph (i).
(b) The employee submits at least 2 job applications to 1 or
more employers per calendar week.
(c) The employee is employed full-time in reasonable
(3) Notwithstanding any other provision of this act, an
affirmative duty to seek work does not apply to any of the
(a) A physician opines that 1 or more of the following
(i) Employment or a job search poses a clear and proximate
danger to the employee's health.
(ii) Employment or a job search would interfere with the
medical treatment or medical recovery of the employee.
(iii) The employee is unable to perform work.
(b) The employee is employed and the employee produces
evidence that seeking work might result in the loss of employment
or employment-related benefits.
(c) The employee demonstrates other good and reasonable cause.
(4) Notwithstanding any other provision of this act, a job or
work is reasonably available to an employee only if the employee
receives a bona fide offer of reasonable employment.
(5) As used in this section, "reasonable employment" means
that term as defined in section 301(11).