RATE BOOKS

The new 2005 workers’ compensation calculation program is now available for downloading at the Workers’ Compensation Agency website. The website address for downloading is:

http://www.michigan.gov/wca/0,1607,7-191--108224--,00.html.

This calculation program contains several new, helpful features. Specifically, the new program has been modified to include compensation rates for the year 2005. Also, you may now save partial payment calculations on your desktop.

If you have questions regarding installation of the calculation program, the contact person is Kathleen Rademacher, administrator for the claim’s processing division of the Workers’ Compensation Agency, at (517) 322-1438.

SURVEILLANCE

On January 25, 2005, the Michigan Supreme Court released a decision on the propriety of surveillance in the context of a claim investigation. In Nastal v Henderson et al, Docket #125069, the court addressed the issue of whether surveillance by a private investigator, on behalf of an insurance carrier, constituted stalking under Michigan law. In a victory for claims investigation, a five to two Supreme Court majority ruled that such surveillance was permissible under Michigan law. The court noted that private investigators are authorized to obtain information concerning claims made by a party in a lawsuit.

In essence, the Supreme Court has given employers, carriers, and administrators a green light to continue legitimate surveillance efforts as a means of investigating workers’ compensation claims. Should you have questions regarding the scope of permitted surveillance, please contact any of us at Bleakley, Cypher, Parent, Warren & Quinn.

MAGISTRATE APPOINTMENTS

On January 26, 2005, Governor Jennifer Granholm appointed and reappointed ten individuals to the Workers’ Compensation Board of Magistrates. Re-appointees include Michael Harris (Detroit), Jay Quist (Grand Rapids), and Andrew Sloss (Mt. Clemens).

Additionally, Governor Granholm appointed seven new magistrates:

- Grand Rapids attorney Timothy McAree will succeed Ken Frankland.

- Thomas Moher of Sault Ste. Marie will succeed Michael Wagner.

- Alexander Ornstein of Farmington Hills will succeed Susan Cope.

- Paul Purcell of Saginaw will succeed Ken Block in Grand Rapids.

- John Rabaut was appointed, but has yet to accept the appointment.

- Michael Theile from the Flint area will succeed Nancy Day.

- Joy Turner from the Detroit area will succeed Molly Cooke.

All of these magistrates are appointed to terms expiring January 26, 2009, with the exception of Michael Harris who is assuming Patrick MacLean’s term that expires on January 26, 2006.

We at Bleakley, Cypher, Parent, Warren & Quinn will continue to keep you updated on the latest developments in workers’ compensation circles throughout the state of Michigan. We will be hosting our annual workers’ compensation seminars in Grand Rapids on March 18, in the Detroit area on April 15, and in Indianapolis on May 6. Invitations will be forthcoming.

Please feel free to contact any of the attorneys in our office to address the information contained within this alert or any other issues.