HOUSE BILL NO. 5185

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) Notwithstanding any other provision of this act, an employee is conclusively presumed to have demonstrated a good-faith job search effort or good-faith effort to procure work if any of the following are met:

(a) The employee is employed by the employer that pays or causes to be paid compensation to the employee for the employee's personal injury or work-related disease and the employee attempted to obtain an accommodated job or other job with that employer.

(b) The employee submits not fewer than 2 job applications to 1 or more employers for the calendar week in which benefits are claimed.

(c) The employee is employed full time in reasonable employment.

(2) Notwithstanding any other provision of this act, an employee does not have an affirmative duty to seek work if any of the following circumstances apply to the employee:

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

(i) Employment or a job search poses an unreasonable risk 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.

(iv) The employee has not reached maximum medical improvement.

(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) A local, county, state, or federal public health emergency impacts the employee's job search activities.

(d) The employee demonstrates other good and reasonable cause.

(3) 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.

(4) As used in this section, "reasonable employment" means that term as defined in section 301(11).