The Flint Journal & Genesee County Bar Association's "Ask the Attorney"

MACDONALD, FITZGERALD & MACDONALD, P.C

Q. I was injured at work several weeks ago. I still hurt too much to work. My doctor wants me to stay off work. My employer's insurance company cut off my workers' comp benefits after hiring a doctor to examine me who told me to go back to work without restrictions. What should I do?

A. Workers' compensation magistrates have the power to decide whether you are still disabled and whether or not you are refusing a job within your physical capacity without good cause. It is usually a good idea to at least try to do a job offered to you if there is a difference in medical opinion. If you can't do the work, you can file an Application for Hearing with the Michigan Workers' Compensation Agency to ask a Magistrate to find that you are still disabled and to ask a Magistrate to order the insurance company to continue to pay ongoing benefits. Call us for advice and assistance to deal with your specific situation

Atty. Robert J. MacDonald
--October 2010 column