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Court decision to eliminate COVID-19 presumption in Michigan



The Supreme Court of Michigan ruled that the Gretchen Whitmer government did not have the authority to issue emergency orders during the COVID-19 pandemic, including making it easier for first-time inspectors and health care workers who contract COVID-19 to obtain compensation for workers.

In a 4-3 judgment on Friday, the state Supreme Court ruled that the Emergency Powers of the Governor Act, cited by the Whitmer Government as the legal basis for issuing executive orders under the declared state of emergency, violated the Michigan Constitution.

Among the measures concerned is the contradictory assumption granted by the Whitmer Government to first-time inspectors and health workers on 1

7 June. The order presupposes that if employees have received COVID-19, they did so at the workplace unless the employer can prove otherwise.

Gov. Whitmer said in a statement that she "fiercely" disagrees with the court's interpretation of the Michigan Constitution.

According to an email from the Working Group's Compensation Group in Lansing, Michigan, law firm Foster Swift Collins & Smith PC, the disproven assumption enforcement order remains in effect until the federal court adopts the order enforcing the decision.

The decision is expected to be made on 30 October.

More insurance and workers' compensation news about the coronavirus crisis here .

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