Michigan Administrative Code
Department - Labor and Economic Opportunity
Workers Compensation Agency
Workers' Disability Compensation Appeals Commission
Section R. 418.65 - Cross appeals
Current through Vol. 24-16, September 15, 2024
Rule 5.
(1) A cross appeal must be received by the commission not later than 30 days after the cross appellant has first received a copy of an appellant's brief. A party filing a cross appeal is a cross appellant and all other parties are cross appellees. The cross appellant shall certify the date of first receipt of appellant's brief. The failure to so certify creates a rebuttable presumption that the cross appellant received the appellant's brief on the date the commission received that brief. The cross appellant shall provide all other parties with copies of the cross appeal at the time of filing with the commission, and shall certify to the commission that this has occurred.
(2) A cross appeal may not be filed before the cross appellant has received appellant's brief.
(3) A delayed cross appeal may not be filed. An extension of time to file a reply brief does not extend the time to file a cross appeal.
(4) The withdrawal or dismissal of the appellant's appeal extinguishes the cross appeal.
(5) A cross appeal must be filed on the claim for review form, and state that the cross appellant cross appeals the order from which an appellant has filed a claim for review.
(6) A document purporting to be a cross appeal that is not filed pursuant to the requirements of this rule is a claim for review.