Michigan Administrative Code › Department - Labor and Economic Opportunity › Workers Compensation Agency › Workers' Compensation Agency - General Rules › Part 3 - HEARINGS › Section R. 408.34 - Applications for hearing; small disputes

Current through Vol. 24-12, July 15, 2024
Rule 4.
(1) In
				  cases of dispute coming under the jurisdiction of the agency, any party may
				  apply to the agency for relief. The complaining party shall file an application
				  WC-104a, WC-104b, or WC-104c, or their electronic equivalent, with the agency.
				  The agency shall then serve the adverse party with a copy of the application
				  and, at the same time, notify the parties of the time and place of the initial
				  hearing. The adverse party shall file their answer to the application with the
				  agency within 15 days after service and serve a copy of the answer on the
				  complaining party. A form WC-104b without a corresponding WC-104a or WC-104c
				  does not create an exception under section 230(3) of the act, MCL
				  418.230.
(2) In any case where the
				  compensable disability of an injured employee is undisputed and involves 1 or
				  more disputed injury dates during the course of employment with 1 or more
				  employers, or during the course of employment with 1 employer who is insured by
				  1 or more insurance carriers, the agency may direct compensation benefits to be
				  paid at the maximum rate, as determined in section 351 of the act, MCL 418.351,
				  with no dependents as provided in the schedule of benefits on the earliest or
				  initial date of injury alleged. The self-insured employer or insurance carrier
				  that has the risk on the earliest or initial date of injury shall make the
				  payments. Payments must continue through the mailing date of the decision of
				  the magistrate and shall be adjusted in accordance with the decision unless an
				  appeal is taken. If an appeal is taken section 862 of the act, MCL 418.862,
				  applies. The magistrate shall order reimbursement where appropriate.
(3) In apportionment cases that are tried
				  involving a date of injury before January 1, 1981, the primary action is
				  between the last employer and the injured employee. All other joined employers
				  may appear, cross-examine witnesses, give evidence, and defend on the issue of
				  liability. In setting trial dates for such cases, only the convenience of the
				  plaintiff and the last employer, or their attorney, shall be
				  considered.
(4) After attempting to
				  resolve the dispute without agency involvement, either party may request the
				  director to schedule a conference or the director, on his or her own motion,
				  may schedule a conference to resolve small disputes. Parties involved in such
				  disputes shall attend the conference.
(5) Small claims matters submitted under
				  section 841 of the act, MCL 418.841, shall be heard by a magistrate. The
				  parties may stipulate that any decision rendered is applicable only to the
				  issues submitted and not res judicata in any other proceeding between the
				  parties other than for enforcement of the determinations in the
				  decision.