Michigan Administrative Code
Department - Labor and Economic Opportunity
Workers Compensation Agency
Workers' Disability Compensation Appeals Commission
Section R. 418.64 - Filing of claim for review

Universal Citation: MI Admin Code R. 418.64

Current through Vol. 24-16, September 15, 2024

Rule 4.

(1) An appeal to the commission begins when a party files a claim for review. Any party filing a claim for review is an appellant. All other parties are appellees, but their filings may also make them an appellant, cross appellant, or cross appellee. An appellant shall provide copies of the filing to all other parties at the time of filing with the commission, and shall certify to the commission that the required copies have been provided.

(2) Unless otherwise provided by the provisions of the worker's disability compensation act of 1969, 1969 PA 317, MCL 418.101 to 418.941, a claim for review is timely if received by the commission as follows:

(a) Not later than 30 days after the mailing date stamped or designated by the workers' disability compensation agency on the appealed decision or order, in the case of an appeal from the order of a workers' compensation magistrate.

(b) Not later than 15 days from the mailing date stamped or designated by the workers' disability compensation agency on the appealed decision or order, in the case of an appeal from an order of the director.

(3) A party does not become an appellant or cross appellant by the party's own labeling of its filings. The commission will determine the status of an appeal in question.

(4) The commission may grant additional time in which to file a claim for review from a decision of a workers' compensation magistrate, for sufficient cause shown. A party requesting further time shall file a written "Motion for Delayed Appeal" complying with R 418.68, stating why the claim for review is late.

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