Overview
In Michigan, since 1912, all work place injuries have been governed by the Workers' Disability Compensation Act. That is, an injured workers right to recovery, absent an intentional tort, is limited to recovery under the Workers' Disability Compensation Act. Namely, an injured worker has the right to seek wage loss, medical and vocational rehabilitation benefits under the Act.
Application for Mediation or Hearing (Claim)
The Michigan Workers' Disability Compensation Act created a statutory administrative system under which all workers' compensation claims are processed. A claim is initiated by the filing of an Application for Mediation or Hearing. Any interested party may file an Application for Mediation or Hearing, and that includes employees, employers, medical providers, etc. The filing of an Application for Mediation or Hearing seeking to resolve any dispute or controversy concerning compensation or other benefits represents the instigation of a workers' compensation claim.
Hearing Site Assigned
Following the filing of an Application for Mediation or Hearing, the Michigan Workers' Compensation Agency will assign the case to a hearing site based upon the county where the injury, dispute, or controversy occurred. If the claim involves a case in which wage loss benefits were voluntarily paid and terminated, or a request to stop or reduce compensation has been requested, those cases have priority over general controversies and shall be entitled to a hearing within 60 days. As a practical matter, the discovery process typically requires additional time; therefore, even if a case is afforded 60 day priority status, it is unusual that a case will proceed to trial within 60 days.
Pretrial or Mediation Hearing
Under ordinary circumstances, a non-priority pretrial hearing is assigned to a magistrate at an appropriate hearing site, and the pretrial hearing is utilized by the parties to exchange discovery information including issues in dispute, medical records, employment information, etc.
Alternatively, depending upon the issue and dispute, the agency may initially assign the case to a mediation hearing, whereby resolution is explored, and discovery is facilitated, supervised, and directed by an assigned mediator. If mediation is unsuccessful, then the claim is assigned to the ordinary trial docket and a magistrate.
Control Hearings
After the initial pretrial hearing or mediation hearing, cases are typically assigned to control hearings where the parties are required to attend and meet with the magistrate to discuss the status of discovery, which could include exchange of information, scheduling of medical proofs, evidentiary concerns, or any other issue that may impact a parties ability to prosecute and/or defend the workers' compensation claim. The control hearings are critical for the protection of due process and both parties' ability to receive a fair and impartial determination. The assignment and interval of control hearings may vary from 30 days to several months, and it is not uncommon for the typical case to have the assignment of multiple control dates before a priority trial date is ultimately assigned.
The timeline for completion of discovery and assignment of pretrial/control hearings vary greatly depending up the hearing site where the claim is assigned. For example, a claim assigned to Grand Rapids, Michigan, may complete the discovery process and receive a priority trial hearing in 8 to 12 months; whereas a case in Mt. Clemens, Michigan, may take anywhere from 16 to 24 months before a priority trial hearing is assigned. The reasons for the difference in time vary, but are not limited to the complexity of the claim, availability of magistrates, compared to the number of claims per hearing site, etc.
Redemption (Settlement)
The assignment of a priority trial date does not interfere with the parties' abilities to resolve a case by way of settlement, and in Michigan, the settlement of a case is termed a redemption. A redemption in Michigan allows the parties to reach a settlement of any and all claims available under the Workers' Disability Compensation Act, and includes past, present, and future medical, wage loss and vocational rehabilitation benefits. A redemption is the only way in Michigan to obtain a complete and final settlement of a workers' compensation claim.
Trial
For those cases that do not involve a redemption, but rather proceed to trial, a magistrate must issue a detailed and concise written opinion regarding the hearing officer's factual and legal findings regarding all issues in dispute and/or controversies that were raised pursuant to the Application for Mediation or Hearing.
Appeals Process
If either party is not satisfied with the hearing officer's decision, it may be appealed to another statutorily created body, entitled the Workers' Compensation Appellate Commission. The Workers' Compensation Appellate Commission is a centralized body that consists of five appellate commissioners appointed by the governor. The commissioners are assigned cases randomly in panels of three to review any appealed decision.
Should either party be dissatisfied with the decision of the Appellate Commission, an Application for Leave to Appeal to the Michigan Court of Appeals may be filed and thereafter an Application for Leave may also be filed to the Michigan Supreme Court. It is important to note that applications to the Court of Appeals and Michigan Supreme Court are heard by leave only and not by right; therefore, unlike the statutorily guaranteed appeal to the Appellate Commission, there is no guarantee that the Court of Appeals and Supreme Court will review the case.
Vocational Rehabilitation
In addition to the mediation and trial dockets, by application of the employee, carrier, or employer, a request for vocational rehabilitation services may be requested by the director. When an application for a vocational rehabilitation service is requested, the director will assign the matter to a vocational hearing officer, whereby the parties will meet with the assigned hearing officer and work toward the entry of a formal vocational plan/order. If a dispute arises regarding any entered vocational rehabilitation order, the parties may appeal to the magistrate and thereafter consistent with any determination by a magistrate.
Contacting Our Attorneys
While proceedings under the Workers' Disability Compensation Act were intended to be resolved in a prompt fashion, the process and procedure can often be complex and riddled with nuance. The case law in Michigan is ever changing and that, in and of itself, presents its own challenges in the day to day administration of workers' compensation claims.
The law firm of Bleakley, Cypher, Parent, Warren & Quinn strives to provide the best legal services available with respect to workers' compensation matters in the State of Michigan, and the attorneys and professional staff are always available to assist with any questions or concerns that may arise during the administration and/or defense of a workers' compensation claim. Please do not hesitate to contact us at our Grand Rapids, Michigan law offices at 866-677-9243 or contact us online.
