Legal Question in Workers Comp in Michigan

In Michigan, an employee hurt herself on the job. The company sent her to their workman's comp clinic. The clinic returns her back to work. The next day, she calls and says that she went to her own doctor because she didn't like the one that she was sent to. The company informs her that she would have to use her own medical insurance if she chose to do that because she would have to wait 10 days. She also has a recheck with the company's clinic. If the company's clinic sends her back without restrictions and her doctor sends her back to work with restrictions, or possibly takes her off work, which documentation shouls the company follow? If her doctor takes her off work, which is probably what's going to happen, does it become an FMLA unpaid medical leave because it hasn't been 10 days yet? This is an unusual situation, please let me know.

Thank you!

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Asked on 7/13/11, 3:55 am

1 Answer from Attorneys
William Stern William Stern, P.C.

There is no set rule which doctor the company must listen to. However, in order to protect her job, tell her to request leave under the FMLA, if she qualifies (employer has more than 50 employees and she has more than 1250 hours in the previous year, etc.). She may have to file a petition with the agency to establish whether she is disabled and the relationship of the job to the disability. If she needs a lawyer to get involved, give me a call. 35 years workers comp experience and former adjunct member of the Workers Compensation Appeal Board.

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Answered on 7/13/11, 7:02 am


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