Mental Stress Claims in Michigan
History of Michigan law leading to 1980s workers’ compensation amendments, court decisions, conservative trend, case studies, subjective vs. objective standards; compared with CA cases.
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This paper will discuss the treatment of mental stress claims under Michigan law. The first part of this paper will briefly examine the history of Michigan law in this area up to the enactment of amendments to the Michigan workers’ compensation law in the early 1980s by the Michigan legislature. This part will pay particularly close attention to the interpretation of the prior statutory formulation by the Michigan Supreme Court. The second part of the paper will discuss the amendments passed by the Michigan Legislature in an attempt to make Michigan workers’ compensation law more conservative. This part of the paper will also look at the response of the Michigan Supreme Court to these amendments and its virtual overruling of the intended effect of these amendments. The last part of the paper will compare…