Workers' Compensation Economic Damages Expert in Michigan

By Christopher Skerritt, M.Ed., MBA, Chief of Economic Services · Published · Reviewed

KW Economics prepares economic damages analyses for workers' compensation cases venued in Michigan: the components the loss claim consists of, the records that drive them, and a present value built to Michigan's damages rules and venues. Plaintiff and defense.

A workers' compensation economic analysis values the future indemnity and medical benefits at issue in a settlement, measures the wage loss that determines a benefit, or quantifies the loss in a third-party action, each structured to the question the compensation system asks. Read the full workers' compensation analysis guide.

Michigan courts and expert standards

Michigan courts require the trial judge to act as gatekeeper for expert testimony, asking whether the economist is qualified, whether the opinion rests on sufficient facts and reliable principles and methods, and whether those methods were applied reliably to the case. A damages report meets that inquiry by naming the published source behind every assumption and tying each to the record.

Where these cases are heard

Highest court: Michigan Supreme Court. Federal venues: E.D. Mich., W.D. Mich. Court system: courts.michigan.gov.

Compensation forum: Michigan Workers' Disability Compensation Agency. Third-party actions arising from the same injury proceed in the civil courts listed above, and the report separates what the compensation system pays from what the civil claim adds.

Damages framework

Michigan's wrongful death act gathers the survival and death claims into a single action: the estate recovers the decedent's conscious pain and suffering and medical and funeral expenses, and the surviving family recovers lost financial support, services, society, and companionship. Awards are reduced after verdict by collateral-source payments other than those subject to a lien, a plaintiff whose fault exceeds half loses noneconomic damages while economic damages are only reduced, the court reduces future damages to present value under a statutory formula, and interest on the judgment runs from the filing of the complaint.

How the analysis is built

The same four steps apply to a workers' compensation case venued in Michigan; the damages framework above decides which components enter the total.

  1. Assemble the pre-injury wage base from the employer's records and tax documents.
  2. Establish the post-injury earnings path from actual earnings or the work-capacity opinions, and measure the loss over the applicable worklife with wage growth.
  3. Value future indemnity streams with stated mortality and discount assumptions, and grow and discount future medical by category when a treatment projection exists.
  4. Separate the amounts the compensation system pays from the components a third-party claim adds, and reconcile the two so the same facts support both.

Attorney guides for workers' compensation cases

Other case types in Michigan

Frequently asked: workers' compensation cases in Michigan

Which Michigan courts hear workers' compensation cases?

Workers' Compensation cases venued in Michigan are heard in the Circuit Court (General jurisdiction; larger civil cases, felonies, domestic relations). Final appeals run to the Michigan Supreme Court. Matters within federal jurisdiction proceed in the United States District Courts for the Eastern District of Michigan and Western District of Michigan.

How does Michigan's damages framework shape the economic analysis?

Michigan's wrongful death act gathers the survival and death claims into a single action: the estate recovers the decedent's conscious pain and suffering and medical and funeral expenses, and the surviving family recovers lost financial support, services, society, and companionship. Awards are reduced after verdict by collateral-source payments other than those subject to a lien, a plaintiff whose fault exceeds half loses noneconomic damages while economic damages are only reduced, the court reduces future damages to present value under a statutory formula, and interest on the judgment runs from the filing of the complaint. Michigan courts require the trial judge to act as gatekeeper for expert testimony, asking whether the economist is qualified, whether the opinion rests on sufficient facts and reliable principles and methods, and whether those methods were applied reliably to the case. A damages report meets that inquiry by naming the published source behind every assumption and tying each to the record.

More questions about workers' compensation analysis

References

Request a consultation on workers' compensation cases in Michigan or call (201) 343-0700. Plaintiff and defense counsel.