Legal Question in Workers Comp in Michigan

Return to Work

After receiving surgery under worker's comp., for lateral epicondillitis (tennis elbow) due to a work related repetitive motion injury, I returned to work on 6-28-99. My time off was 12 weeks for recuperation and phys. therapy. Another employee was hired two weeks prior to my return and is now operating the printing press I was originally hired to operate. That press is not the one which caused the injury but the one I had been operating prior to my surgery due to a restriction placed on me to not operate the offending press (which is outdated and designed 60 years ago). When I returned to work, my supervisor placed me back on the offending press which surprised me very much! My question is: Can the employer place you on a piece of equipment that has been proven to cause you to experience a repetitve motion injury upon return to work after a worker's comp. claim? The equipment has had no retrofitting or modifications done to it nor have any operating procedures changed. It is just as before! Also, must the employer allow the returning employee to perform the same job as before he left and on the same equipment, or does the employer have the right to hire another employee to take his or her place? Thank you.


Asked on 6/29/99, 9:59 pm

1 Answer from Attorneys
Joseph Spingola Joseph J. Spingola - Attorney at Law

Re: Return to Work

I am an Illinois lawyer but I will try to help you with your question. You ask

You should ask an attorney in Michigan this question as the laws vary from State to State. You probably will not be charged a fee for an interview so you should not be afraid to contact a lawyer.

Your question does not tell me if you are in a union. If you are you may be able to file a grievance to get another assignment.

Another thing you can do is to let your doctor know that you are on that machine. He may place you on restrictions from that job. Michigan's laws may then provide you with some relief such as a change in jobs.

Finally, if your doctor says you cannot handle that machine, you may be able to request an accommodation under the ADA. Again, being in a union can be of help in seeking a new assignment.

Good Luck to you.

Read more
Answered on 7/08/99, 5:42 pm


Related Questions & Answers

More Workers' Compensation Law questions and answers in Michigan