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.




     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


following circumstances:


     (a) A physician opines that 1 or more of the following


conditions apply:


     (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).