Michigan Administrative Code › Department - Labor and Economic Opportunity › Workers Compensation Agency › Workers' Compensation Agency - General Rules › Part 1 - DEFINITIONS › Section R. 408.31 - Definitions

Current through Vol. 24-12, July 15, 2024
Rule 1.
(1) As
				  used in these rules:
(a) "Act" means the
				  worker's disability compensation act of 1969, 1969 PA 317, MCL 418.101 to
				  418.941.
(b) "Appearance" means
				  participation in person, or by telephone, video conference, or other electronic
				  means, at any hearing or conference under this act. This definition should not
				  be interpreted to limit the authority of the director or a magistrate to
				  require a party or a witness to appear in person.
(c) "Approved vocational rehabilitation
				  provider" means any person, firm, partnership, corporation, or other legal
				  entity that has submitted form WC-502, or its electronic equivalent, meets the
				  minimum standards as prescribed by the agency for approval, and has been
				  approved by the agency.
(d) "Debit
				  card" means a stored value card issued by a federally insured financial
				  institution that provides a claimant or the dependent of a claimant immediate
				  access for withdrawal or transfer of the claimant's weekly compensation
				  payments through a network of automatic teller machines. "Debit card" includes
				  a card commonly known as a payroll debit card, payroll card, or
				  paycard.
(e) "Electronic
				  equivalent" means a record created, generated, sent, communicated, or received
				  by electronic means.
(f)
				  "Electronic filing" means the process of submitting a document over the
				  internet to the agency, including State of Michigan File Transfer System (FTS),
				  in accordance with the instructions available on the agency's
				  website.
(g) "Electronic service"
				  means the serving of any document by e-mail or electronic file
				  transfer.
(h) "Electronic
				  signature" means an electronic sound, symbol, or process, attached to or
				  logically associated with a record and executed or adopted by a person with the
				  intent to sign the record. Both of the following apply regarding an electronic
				  signature:
(i) An electronic signature may be
				  a graphic representation of the signature.
(ii) The following forms are acceptable: "/s/
				  John Smith," "/s/ John Smith, Attorney," or "/s/ John Smith, Authorized
				  Representative."
(i)
				  "File Transfer Service" (FTS) means an electronic computer-based system that
				  facilitates the transmission of a computer file through a communication channel
				  provided by the State of Michigan from one computer system to
				  another.
(j) "Forensic vocational
				  evaluation" means an independent, individualized assessment and evaluation
				  process involving the application of specialized knowledge and the use of
				  scientific, technical, or other professional knowledge for the resolution or
				  clarification of issues related to a claim, typically in a legal setting. This
				  is not vocational evaluation as used in R 408.45a or section 319 of the act,
				  MCL 418.319.
(k) "IWRP" means an
				  individualized written rehabilitation plan. An IWRP is a document mutually
				  developed by the vocational counselor and the employee that provides a detailed
				  outline of goals, objectives, responsibilities, and services necessary for
				  successful rehabilitation of the employee. The plan is specific to the
				  individual, reviewed on a regular basis, and updated as provided in R
				  408.45a(3).
(l) "Return-to-work
				  hierarchy" means a sequence of steps designed to assist an employee with
				  returning to any of the following:
(i) Same
				  job, same employer.
(ii) Modified
				  job, same employer.
(iii) Different
				  job, same employer.
(iv) Same job,
				  different employer.
(v) Different
				  job, different employer.
(vi)
				  Self-employment.
Remedial and retraining services can be applied at any
					 level of the hierarchy to facilitate success.
(m) "Vocational evaluation" means a
				  vocational evaluation under section 319 of the act, MCL 418.319. It is a
				  comprehensive process of gathering and analyzing relevant information such as
				  educational, medical, and vocational history, interests, aptitudes, and
				  vocational assessment results in order to develop recommendations and the IWRP.
				  The vocational evaluation should include a face-to-face interview with the
				  employee.
(n) "Week" as used under
				  section 319 of the act, MCL 418.319, means a 7-day period during which the
				  employee actually participates in vocational rehabilitation services that are
				  part of an approved IWRP.