Michigan Supreme Court Throws Out Four Part Martin Test For Workmans' Compensation Mental Health Benefits Qualification
In CRAMER v. TRANSITIONAL HEALTH SERVICES OF WAYNE, (Docket No. 163559) the Michigan Supreme Court held - on a 4 to 2 party line split - that the four part Martin v Pontiac School District [2001 ACO 118] test whether employment contributes to or accelerates mental injuries in a significant manner as required by MCL 418.301(2) of the Worker’s Disability Compensation Act is too restrictive. The Martin test has been used since 2001.
The Michigan Supreme Court adopted a liberalized version of the test established in Farrington v. Total Petroleum, Inc [442 Mich 201 (1993)] for all claimants now seeking compensation for mental health conditions under MCL 418.301(2).
The revised Farrington test is substantially more liberal and will qualify more applicants for mental health claims under the Michigan Worker’s Disability Compensation Act. This will increase workman's compensation costs for Michigan businesses and drive more small and medium sized businesses out of Michigan, unless they receive the subsidies now being lavished on Michigan's largest employers by the State of Michigan.
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