Michigan Laws 418.274 – Michigan compensation appellate commission; power and authority of commission; rules on administrative appellate procedures; assignment and reassignment of matters; decisions; review and decision
Current as of: 2024 | Check for updates
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Terms Used In Michigan Laws 418.274
- Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
- director: means the director of the bureau or his or her duly authorized representative. See Michigan Laws 418.201
- in writing: shall be construed to include printing, engraving, and lithographing; except that if the written signature of a person is required by law, the signature shall be the proper handwriting of the person or, if the person is unable to write, the person's proper mark, which may be, unless otherwise expressly prohibited by law, a clear and classifiable fingerprint of the person made with ink or another substance. See Michigan Laws 8.3q
- Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o
(1) The Michigan compensation appellate commission created in Executive Reorganization Order No. 2011-6, MCL 445.2032, and housed within the Michigan administrative hearing system, may handle, process, and decide appeals from orders of the director and hearing referees and the orders and opinions of the worker’s compensation magistrates as provided for under this act. The commission may promulgate rules on administrative appellate procedure for purposes under this act.
(2) Except as otherwise provided in subsection (3), matters that are to be reviewed by the commission shall be randomly assigned to a panel of 3 members of the commission for disposition. The chairperson of the commission may reassign a matter in order to ensure timely review and decision of that matter. The decision reached by a majority of the assigned 3 members of a panel shall be the final decision of the commission.
(3) Any matter that is to be reviewed by the commission that may establish a precedent with regard to worker’s compensation in this state as determined by the chairperson, or any matter that 2 or more members of the commission request be reviewed by the entire commission, shall be reviewed and decided by the entire commission.
(4) Opinions of the commission shall be in writing. The commission shall provide for the publication of those opinions.
(5) The department of licensing and regulatory affairs shall provide suitable office space for the commission and employees of the commission.