“Take-away” from WCAC cases

A. Magistrates who rely on doctors’ testimony which neglects a review of significant medical evidence will be reversed
B. Magistrates must follow the law on coordination as found by the Michigan Supreme Court in Arbuckle, or will be reversed
C. In determining proper residual wage earning capacity when a commission of a crime is involved, the voc counselor must take into account what role the felony conviction has in impacting ability to work
D. If plaintiff fails to disclose all qualifications and training, he will fail to meet his burden to prove disability
E. If an inaccurate or incomplete history is given to a physician and their opinion on causation is based upon that history, a Magistrate will be reversed if there is objective evidence which was neglected to be considered
F. In deciding whether an employee is an independent contractor or an employee, the Magistrate must rely upon the 20 Factor IRS Test; merely giving an employee a 1099 instead of a W-2 will not be sufficient to state an independent contractor