Mich. Admin. Code R. 408.34 - Applications for hearing; small disputes

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.

Notes

Mich. Admin. Code R. 408.34

1979 AC; 1984 AACS; 1998-2000 AACS; 2021 MR 23, Eff. 12/10/2021