Worker's compensation: benefits; job search requirement for certain injured workers; modify. Amends 1969 PA 317 (MCL 418.101 - 418.941) by adding sec. 303.

2025-2026 Regular Session Introduced by Joey Andrews and 27 co-sponsors

HB 5185 creates a conclusive presumption that a good-faith job search is shown in certain cases and limits when workers must seek work to receive benefits.

bill electronically reproduced 10/30/2025

#worker'scompensation:benefits #worker'scompensation:disabilities

Summary — HB 5185 (Worker's disability compensation act) — Addition of Sec. 303

Bill number: HB 5185
Introduced: March 14, 2025 (filed); electronically reproduced / introduced Oct 30, 2025
Sponsor: Rep. Jennifer Conlin (plus co-sponsors listed in bill)
Action: Added to the Worker’s Disability Compensation Act of 1969 (MCL 418.101–418.941) by creating a new section 303. Referred to committee.

Purpose / Intent

HB 5185 is intended to clarify and limit when an injured worker must actively search for work as a condition of receiving workers’ compensation benefits. It establishes a conclusive legal presumption that an employee has made a good-faith job search if certain minimal criteria are met, and it enumerates situations in which an employee has no affirmative duty to seek work.

Key provisions

Creates a conclusive presumption that an employee has demonstrated a good‑faith job search or effort to procure work if any of the following apply:

The employee is employed by the employer that pays (or causes to be paid) the workers’ compensation and has attempted to obtain an accommodated or other job with that same employer.
The employee submits at least 2 job applications to one or more employers during the calendar week for which benefits are claimed.
The employee is employed full time in “reasonable employment.”

Specifies circumstances in which an employee has no affirmative duty to seek work:

A physician opines that (i) employment or job search poses an unreasonable health risk, (ii) would interfere with treatment or recovery, (iii) the employee is unable to perform work, or (iv) the employee has not reached maximum medical improvement.
The employee is employed and can show that seeking work could jeopardize existing employment or employment-related benefits.
A local, county, state, or federal public health emergency impacts the ability to conduct a job search.
Other “good and reasonable cause” (broadly stated).

Defines that a job or work is “reasonably available” only if the employee actually receives a bona fide offer of reasonable employment.

Cross-references the statutory definition of “reasonable employment” in section 301(11) of the Act.

Who is affected

Injured workers receiving wage‑replacement benefits under Michigan’s workers’ compensation system.

Employers and insurers, who may face a higher legal threshold to rebut a worker’s claimed job search.

Administrative law judges and claims personnel adjudicating disputes about job search efforts and benefit eligibility.

Treating physicians, whose written opinions can excuse a job-search duty.

Potential effects (neutral observation)

Likely reduces disputes over what constitutes a sufficient job search by creating a bright‑line (and conclusive) presumption in some situations.

Raises the evidentiary bar for employers/insurers seeking to suspend benefits for alleged failure to search.

Could increase reliance on minimal job‑search activity (e.g., two weekly applications) and on physician opinions to excuse searches; administrative guidance and case law would shape implementation.

Bill