MAPE Legal Counsel Bryan Davis shared an update with members regarding Governor Gretchen Whitmer's latest Executive Order (EO) on workplace exposure to COVID-19:

To All,

Governor Whitmer has issued Executive Order 2020-128: Clarifying WDCA Eligibility for Workplace Exposure to COVID-19 (Rescission of Executive Order 2020-125). Please note that this EO has suspended the Emergency Rules which had been issued by the Department of Labor and Economic Opportunity.

Notably, "[f]or purposes of the WDCA, and subject to rebuttal by specific facts to the contrary, a COVID-19 response employee who is confirmed as COVID-19 positive on or after March 18, 2020, either by physician or by test, shall be presumed to have suffered a “personal injury,” as that term is defined by section 401(2)(b) of the WDCA, MCL 418.401(2)(b)."

Please note that "COVID-19 response employee" is defined in the EO.

Please click here for a link to the EO 2020-128 for more details.