DEPARTMENT OF LABOR AND ECONOMIC OPPORTUNITY

WORKERS' DISABILITY COMPENSATION AGENCY

WORKERS’ COMPENSATION BOARD OF MAGISTRATES

(By authority conferred on the director of the workers' disability compensation agency by

sections 205 and 213 of the worker’s disability compensation act of 1969, 1969 PA 317, MCL

418.205 and 418.213, section 33 of the administrative procedures act of 1969, 1969 PA 306,

MCL 24.233, and Executive Reorganization Order Nos. 1996-2, 1999-3, 2002-1, 2003-1, and

2019-3, MCL 445.2001, 418.3, 445.2004, 445.2011, and 125.1998)

PART 1. GENERAL

R 418.81 Definitions.

Rule 1. As used in these rules:

(a) “Act” means the worker’s disability compensation act of 1969, 1969 PA 317, MCL

418.101 to 418.941.

(b) “Board” means the workers’ compensation board of magistrates.

(c) “JFPTC” means joint and final pretrial conference.

(d) “JFPTO” means joint and final pretrial order.

History: 2021 AACS.

R 418.82 Scope.

Rule 2. (1) These rules apply to practice and procedures before the board.

(2) These procedural rules must be construed to secure a fair and impartial determination of

the issues presented in contested cases consistent with due process.

History: 2021 AACS.

R 418.83 Hearing district explained.

Rule 3. (1) A hearing district is an area of the state served by 1 or more magistrates as

designated by the chairperson of the board.

(2) The assignment of magistrates is as required by caseload and determined by the

chairperson of the board.

(3) The chairperson of the board is responsible for implementing hearing procedures and

has general supervisory control of the board, consistent with section 213 of the act, MCL

418.213, and Executive Reorganization Order No. 2019-13, MCL 125.1998.

History: 2021 AACS.

R 418.84 Computation of time.

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Rule 4. (1) In computing any period of time prescribed or allowed by these rules, the time in

which an act is to be done is computed by excluding the first day and including the last, unless the

last day is a Saturday, Sunday, or state legal holiday, in which case the period will run until the

end of the next day following the Saturday, Sunday or state legal holiday.

(2) Unless otherwise specified by the magistrate, rule, or statute, the date of receipt of a

filing by the board is the date used to determine whether a pleading or other paper has been

timely filed.

(3) Except where otherwise specified, a period of time in these rules means calendar days,

not just business days.

History: 2021 AACS.

R 418.85 Appearances.

Rule 5. (1) Unless otherwise indicated by the magistrate, the parties or their attorneys shall

personally appear at facilitations, motions, pre-trials, redemptions, hearings on the merits, control

dates, JFPTC, and any other types of hearings as may be scheduled.

(2) With prior approval of the magistrate, the parties or their attorneys may appear by

telephone, video conference, or other electronic means. The parties or their attorneys shall be

ready to proceed as previously directed by the magistrate.

(3) Failure of the petitioner or the petitioner’s attorney to appear in a timely manner and

participate may subject the application for hearing to dismissal. If the respondent or the

respondent’s attorney fails to appear in a timely manner, then the magistrate may proceed in the

absence of the respondent or the respondent’s attorney.

History: 2021 AACS.

R 418.86 Disqualification of magistrate.

Rule 6. (1) A party may bring a motion to disqualify a magistrate, or a magistrate may raise

the issue on his or her own initiative.

(2) A magistrate is disqualified when the magistrate cannot impartially hear a case.

Circumstances that warrant disqualification include, but are not limited to, circumstances where

the magistrate:

(a) Is interested as a party.

(b) Is personally biased or prejudiced for or against a party or attorney.

(c) Has been consulted or employed as counsel.

(d) Was a partner of a party, attorney for a party, or a member of a law firm representing a

party within the preceding 2 years.

(e) Is within the third degree under civil law of consanguinity or affinity to a person acting

as an attorney or within the sixth degree under civil law to a party.

(f) Owns, or his or her spouse or minor child owns, a stock, bond, security, or other legal

or equitable interest of a corporation that is a party. This subdivision does not apply to any of the

following:

(i) Investments in securities traded on a securities exchange registered as a national

securities exchange under the Securities Exchange Act of 1934, 15 USC 78a to 78pp.

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(ii) Shares of an investment company registered under the Investment Company Act of

1940, 15 USC 80a-1to 80a-64.

(iii) Securities of a public utility holding company registered under the Public Utility

Holding Company Act of 2005, 42 USC 16451(8).

(g) Is disqualified for any other reason by law.

(3) A party shall file a motion to disqualify within 30 days after the case has been assigned

to a magistrate, or within 30 days after the movant discovers, or with reasonable diligence should

have discovered, the information that is the basis of the motion, whichever is later.

(4) The motion for disqualification must set forth with particularity the factors that would

be admissible as evidence to establish the grounds stated in the motion. An affidavit must

accompany the motion.

(5) The challenged magistrate shall decide the motion. If the challenged magistrate denies

the motion, then the challenging party may ask that the motion be referred for decision to the

chairperson or, in the chairperson’s discretion, the chairperson may assign the motion to another

magistrate at a different hearing location for decision, except as provided in subrule (6) of this

rule.

(6) If the motion is made after the trial has commenced, then the challenged magistrate

shall rule upon the motion. If the motion is denied, then the trial magistrate shall continue the

trial.

(7) When a magistrate is disqualified, the chairperson shall assign another magistrate to

hear the case.

(8) The parties may waive actual, potential, or purported conflicts with a magistrate, and

that magistrate may then process the claim as he or she deems fit.

History: 2021 AACS.

R 418.87 Ex parte communications with a magistrate.

Rule 7. (1) Counsel or the parties may not engage in substantive ex parte communications

with the magistrate concerning the action prior to the hearing. Routine communication about

administrative tasks, such as scheduling hearings, is not prohibited.

(2) If a magistrate receives direct or indirect communication prohibited by subrule (1) of

this rule, the magistrate shall promptly notify all parties or their attorneys of the receipt of such

communication and its content. A record of the communication must be maintained in the

agency file.

(3) Once a case has been referred to a magistrate for hearing, all communication related to

the case of a substantive basis from any party should be administered through agency staff.

History: 2021 AACS.

R 418.88 Case development docket.

Rule 8. (1) All cases are assigned to a magistrate on initial pre-trial date. Unless it is a 60-

day case, the magistrate shall place the case on the case development docket and schedule an

initial control date. 60-day cases, as provided in section 205 of the act, MCL 418.205, must be

placed on the trial docket, and scheduled for a JFPTC and trial date in accordance with R 418.93.

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The petitioner in a 60-day case may waive that status and the case shall then be placed on the

case development docket.

(2) Cases that are on the case development docket are assigned control dates at the

discretion of the magistrate at such intervals and frequency as deemed appropriate. Appearance of

the parties must comply with R 418.85.

History: 2021 AACS.

R 418.89 Subpoena; provision to opposing party; submittal of subpoenaed records;

disputes.

Rule 9. (1) A subpoena must be on an agency approved form and comply with the

following:

(a) The party requesting the subpoena shall certify that the matter about which the

subpoena is requested is pending before the agency.

(b) Magistrates or attorneys may sign subpoenas. A subpoena must be fully completed

before submission to a magistrate for signing.

(c) The return date indicated on the subpoena must provide a reasonable time for

compliance.

(d) Magistrates may sign a subpoena for a case assigned to another magistrate unless the

assigned magistrate has refused to sign the subpoena.

(2) A copy of a subpoena issued by a magistrate or attorney pursuant to section 853 of the

act, MCL 418.853, must be provided to all parties, or their legal counsel if known, at the time of

issuance.

(3) All subpoenaed records must be returned directly to the party requesting the records.

The charges for copying records are limited to the charges permitted by R. 418.10118(1).

(4) The recipient of the subpoena shall immediately do either of the following:

(a) Provide a complete copy of the records to the requesting party.

(b) Make the records reasonably available to the requesting party for copying.

(5) After a requesting party has obtained a copy of subpoenaed records, that party shall

promptly provide a copy to all other parties.

(6) Only those records admitted into evidence or offered and excluded by a magistrate at a

hearing are placed in the agency file or maintained by the agency.

(7) Any dispute arising under this rule must be brought by motion before the assigned

magistrate and have a copy of the subpoena attached. A copy of the motion and the subpoena

must be served on all parties or their counsel, and proof of service filed with the agency. If a

party claims certain subpoenaed records, or portions thereof, are protected from disclosure by a

privilege, the magistrate assigned to the case shall assign another magistrate to hear the motion,

review the records, and order production of the records, or portions thereof, not specifically

protected by a privilege.

(8) A witness who attends any action or proceeding pending before a magistrate shall be

paid a witness fee of $12.00 for each day and $6.00 for each half day. The traveling expenses are

those authorized in the state standardized travel regulations.

History: 2021 AACS.

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R 418.90 Motion practice.

Rule 10. (1) All requests for action addressed to the magistrate, other than during a hearing,

must be made in writing. Written requests for action must state specific grounds and describe the

action or order sought. A copy of all written motions or requests for action must be served

pursuant to R 408.36(c). All motions must be accompanied by a notice of hearing.

(2) All motions must be filed at least 14 days prior to the date set for hearing unless other

scheduling provisions prevent compliance with this timeline or the need for the motion could not

reasonably have been foreseen 14 days prior to the hearing.

(3) A response to a motion may be filed within 7 days after service of the written motion

unless otherwise ordered by the magistrate. A party may request an expedited ruling.

(4) All motions and responses must include citations of supporting authority and, if

germane, supporting affidavits and attachments to affidavits.

(5) A ruling on a motion must be on the record and memorialized in a written order, at the

discretion of the magistrate or if requested by any party.

(6) Unless ordered by the magistrate or a tribunal of higher authority, a claim for review

filed in response to a ruling issued under subrule (5) of this rule is not a stay of magistrate

proceedings.

History: 2021 AACS.

R 418.91 Discovery.

Rule 11. (1) Discovery provided in sections 222, 301, 401, and 853 of the act, MCL

418.222, 418.301, 418.401, and 418.853, and applicable caselaw, must be available under the

supervision of the magistrate as set forth in this rule.

(a) The claimant shall provide the information and records required pursuant to section

222(3) of the act, MCL 418.222, a completed WC-105A, and copies of reports from medical

examiners requested by the claimant or his or her attorney within 30 days of receipt.

(b) The employer or carrier shall provide information and records required pursuant to

sections 385 and 222(2) of the act, MCL 418.385 and 418.222, and a completed WC-105B,

except where the employer is no longer active and there is no representative available to

complete the form.

(c) The parties shall reasonably supplement their responses to subdivisions (a) and (b) of

this subrule as new information is obtained or records are received.

(d) Vocational consultant reports and the information contained therein must be provided to

all parties within 21 days of receipt of the reports. Failure to observe the time periods in this

subdivision may be raised by any party as a basis to exclude the report as evidence at the

discretion of the magistrate. Any information in the report regarding available remunerative

employment must include all of the following:

(i) The name, address, and phone number of the employer with available employment.

(ii) A job description outlining all of the functional requirements of the job.

(iii) Any other pertinent information necessary to apply for the employment.

(e) If an employer or carrier independently obtains information that remunerative

employment is reasonably available to the injured employee, the employer or carrier shall, within

a reasonable time, provide to the employee or his or her attorney all the information required in

subdivision (d)(i), (ii), and (iii) of this subrule.

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(f) If not already provided by the employer pursuant to subdivision (b) of this rule,

employers, carriers, and claims administrators shall, upon written request, provide a complete

copy of all employment, personnel and claims records of the employee in their possession,

including, but not limited to, electronically stored, or communicated information. Records must

include, but are not limited to, all of the following:

(i) Payroll records.

(ii) Records and values of all fringe or other benefits.

(iii) Injury reports.

(iv) Witness statements.

(v) First aid and other medical reports.

(vi) Group insurance records.

(vii) Material safety data sheets.

(viii) Air quality studies.

(ix) Occupational safety and health reports.

(x) Nurse case management records.

(xi) Non-privileged portions of the claims file.

(g) Upon request, an employee shall submit to an examination by a physician or surgeon

authorized to practice medicine in this state. The term ‘physician’ as used in this rule shall be

interpreted to include psychologists who satisfy the requirements of section 18223 of the public

health code, 1978 PA 368, MCL 333.18223, and section 1100c(11) of the mental health code,

1974 PA 258, MCL 330.1100c. The magistrate may determine the time, place, manner,

conditions, and scope of the examination. Other than as provided for in section 385 of the act,

MCL 418.385, no person other than the employee may be present at the examination without the

consent of the opposing party or by order of the magistrate for good cause shown.

(h) Upon the request of a defendant employer or carrier, an employee seeking wage loss

benefits shall appear for an interview regarding his or her qualifications and training conducted

by a qualified vocational rehabilitation consultant at a time and place convenient to the

employee. The employee may appear with a person of the employee’s choosing. The employee

may record the interview at the employee’s expense with the consent of the opposing party or by

order of the magistrate for good cause shown.

(i) Additional discovery under section 853 of the act, MCL 418.853, may be made equally

available to all parties at the discretion and supervision of the magistrate.

(j) For claims arising out of an employee’s death, the employer or carrier shall, upon

written request, provide the following to the claimant’s attorney within 28 days:

(i) The names, addresses, and telephone numbers of all individuals with information about

the employee’s jobs duties and the events and circumstances surrounding the employee’s injury

or death.

(ii) Copies of all investigation or incident reports and witness statements in the employer’s

possession or control.

(iii) Copies of all electronically stored information, including video surveillance, that

documents the employee’s injury or death and the circumstances surrounding it.

(iv) Depending on the nature of the case and the issues involved, the magistrate may order

other forms of discovery, upon request of a party and for good cause shown.

(v) The obligations set forth in subdivision (j)(i) and (ii) of this subrule apply equally to

information possessed by claimants, their attorneys, and agents thereof.

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(k) For claims arising out of an employee’s cognitive or communicative incapacity, a

magistrate may require the employer or carrier to provide the information set forth in subdivision

(j) of this subrule upon a sufficient showing of such cognitive or communicative incapacity.

(l) Evidence exchanged pursuant to this rule shall not be provided to or maintained by the

agency unless marked as an exhibit by a party.

(2) Upon finding the willful failure of a party to comply with this rule, the magistrate may

exclude evidence or prohibit that party from proceeding under the act.

History: 2021 AACS.

Editor's Note: An obvious error in R 408.91 was corrected at the request of the promulgating agency, pursuant

to Section 56 of 1969 PA 306, as amended by 2000 PA 262, MCL 24.256. The rule containing the error was

published in Annual Administrative Code Supplement, 2021 AACS. The memorandum requesting the correction

was published in Michigan Register, 2022 MR 6.

R 418.92 Exhibit admissibility hearing.

Rule 12. (1) After the parties have had a reasonable opportunity to gather and exchange

existing medical and other documents upon stipulation of the parties, upon the motion of a party,

or at the discretion of the magistrate, the magistrate may schedule, at a date, time, and place

convenient to the parties, a hearing to determine admissibility at trial of any specific proposed

exhibit.

(2) A party seeking to introduce any specific proposed exhibit under this rule shall provide a

copy of such exhibit, unless previously furnished to all other parties, at least 14 days prior to the

exhibit admissibility hearing.

(3) Any objections to the proposed exhibit must be made by the parties at or before the

hearing and ruled upon by the magistrate consistent with R 418.97. Upon finding that a proposed

exhibit under this rule is not authentic or was created specifically for purposes of the litigation,

the magistrate may exclude the proposed exhibit. Any decision on any objections are subject to R

418.90(5) and (6).

(4) All exhibits found admissible by the magistrate must be identified with specificity in an

order and admitted at the time of trial.

(5) A party may attempt to cure or remedy any sustained objections to the admission of

exhibit raised by an opposing party at the exhibit admissibility hearing. This rule does not

preclude a magistrate from subsequently admitting the proposed documents once the parties have

had the opportunity to cure or remedy any objections raised. This rule does not preclude a party

from offering other documentary evidence prior to the JFPTC or during trial.

(6) If an exhibit is found to be admissible, any party opposing admission of the exhibit may

schedule the deposition of the person or entity that prepared the record at that party’s expense.

The magistrate may limit the physician charges for such cross examination to a reasonable fee

under section 858 of the act, MCL 418.858. The party offering the evidence is entitled to

examine the person or entity during such a deposition.

History: 2021 AACS.

R 418.93 Joint final pre-trial conference.

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Rule 13. (1) Records or other exhibits of any kind that any party intends to offer as evidence

in the proceeding shall be exchanged between the parties no later than 14 days before the JFPTC.

After the parties have gathered and exchanged the existing medical and other evidence, upon

stipulation of the parties or at the discretion of the magistrate, there must be a JFPTC with the

magistrate regarding admissibility of evidence or any other preliminary matters.

(2) The parties may prepare and file a joint final pre-trial statement that lists issues for

adjudication, stipulations, and any potential witnesses and exhibits, other than materials subject

to attorney-client privilege, that the parties intend to submit into evidence at the time of trial.

This will not constitute a waiver of any issue, witness testimony, or exhibit not specifically

raised or listed should a statement be submitted.

(3) Any objections to the proposed witnesses and exhibits shall be made by the parties and

ruled upon by the magistrate. Upon finding that a proposed exhibit under this rule is not

authentic or was created specifically for purposes of the litigation, the magistrate may exclude

the proposed exhibit. Any decision on any objections is subject to R 418.90(5) and (6).

(4) All admissible exhibits must be listed in a JFPTO, except as provided in subrules (2) or

(7) of this rule or R 418.94(6), and admitted at the time of trial.

(5) After the completion of the JFPTC, the magistrate shall place the case on the trial

docket and assign a trial date. The magistrate may schedule a subsequent JFPTC if necessary.

(6) The parties are bound by the stipulations listed on the JFPTO unless modified or

withdrawn for good cause shown. If a stipulation is modified or withdrawn, the party proposing

the stipulation may offer additional evidence, including testimony necessitated by the withdrawal

or modification.

(7) The parties must be entitled to necessary rebuttal evidence and witnesses including

materials subject to attorney client privilege, not listed on the JFPTO at the time of trial. The

parties may offer rebuttal evidence and witnesses at the time of trial, not listed on the JFPTO,

including materials not previously disclosed due to attorney-client privilege.

(8) While a case is pending on the trial docket, the parties may attempt to cure or remedy

any objections raised by the opposing party at the JFPTC. The magistrate may make subsequent

rulings as to admissibility once the parties have had the opportunity to cure or remedy any

objections raised.

(9) At the discretion of the magistrate, a case may be returned to the case development

docket after being placed on the trial docket if the circumstances require, to allow further

development.

History: 2021 AACS.

PART 2. HEARINGS

R 418.94 Hearing procedures.

Rule 14. (1) The party filing the application for mediation or hearing must first present

evidence in support of the application.

(2) Unless the magistrate orders otherwise, only 1 attorney for each party may examine or

cross-examine a witness.

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(3) The magistrate may call witnesses, issue subpoenas, and order the production of books,

records, accounts, and papers that are necessary for the purpose of making a decision. A

magistrate may direct the attorneys to submit briefs.

(4) The magistrate may require such information from the parties as may be necessary to

monitor the progress of the case, assist in the voluntary exchange of information between parties,

and assist in the scheduling of cases.

(5) The hearing completion time shall be at the discretion of the magistrate, but it must not

be more than 30 days after the date the hearing commenced unless the magistrate allows an

extension beyond this time for good cause shown.

(6) Unless provided in accord with R 418.92 and R 418.93, all records, or other exhibits of any

kind that any party intends to offer as evidence in the proceeding must be exchanged between the

parties no later than 14 days before the JFPTC. This will not preclude admission at trial of any

additional records or exhibits and does not constitute preclusion of records or exhibits not in the

possession of either party, or newly discovered relevant evidence from being admitted.

(7) At their own expense, a party may schedule the cross-examination of the person or

entity that prepared a proposed exhibit. The magistrate may limit the physician’s charges for

such cross-examination to a reasonable fee under section 858 of the act, MCL 418.858.

(8) This rule does not affect the magistrate’s discretion to rule on newly discovered

evidence.

(9) A case may be placed on the redemption docket upon request of the parties if it appears

that the case will be resolved by way of redemption. The parties must be given necessary time to

resolve any issues regarding medical bills or liens; Medicare or Medicaid compliance; friend of the

court liens; or any other such liens, claims, or issues that may arise. If the parties are ultimately

unable to resolve the case by way of redemption, the case must be returned to the development or

trial docket, at the discretion of the magistrate.

(10) Upon finding the willful failure of a party to comply with this rule, the magistrate may

prohibit that party from proceeding under the act.

History: 2021 AACS.

R 418.95 Stipulations.

Rule 15. In addition to stipulations in the JFPTO:

(1) The parties may agree upon facts, or any portion of facts, by written stipulation or by a

statement entered into the record.

(2) Stipulations must be used as evidence at the hearing or subsequent proceedings.

(3) Stipulations are binding on the parties that have acknowledged acceptance of the

stipulations.

(4) The parties may stipulate to limit the issues to be decided by the magistrate. The

stipulation only applies to that issue and is not considered a waiver of any rights not addressed

by the stipulation.

History: 2021 AACS.

R 418.96 Record.

Rule 16. (1) The agency shall maintain an official record of each case or proceeding.

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(2) The record must include all of the following:

(a) Notice of hearings and records of adjournments.

(b) JFPTO and any other prehearing orders.

(c) Motions, pleadings, briefs, applications, requests, opinions, and orders.

(d) Evidence admitted.

(e) Statements of matters officially noticed.

(f) Offers of proof, objections, and rulings.

(g) Clearly marked offered but rejected evidence.

(h) Recordings and transcripts of the proceedings before the magistrate that have been

obtained by the parties.

(i) Written notations of any ex parte communications.

History: 2021 AACS.

R 418.97 Evidence admissibility; objections, submission in written form.

Rule 17. (1) Except as provided in these rules, the Michigan rules of evidence, as applied in

a civil case in circuit court, must be followed in all proceedings as far as practicable, but a

magistrate may admit and give probative effect to evidence of a type commonly relied upon by

reasonably prudent persons in the conduct of their affairs.

(2) The following governs admissibility of medical records at trial:

(a) Absent an objection sustained by the magistrate, authenticated treating medical

records, including bills, must be admitted.

(b) A report of an independent medical examiner under section 385 of the act, MCL

418.385, shall be admitted into evidence if offered by the injured employee. A report by an

independent medical examiner requested by the injured employee must be admitted into

evidence if offered by defendant.

(c) Properly authenticated diagnostic reports must be admitted into evidence if prepared by

treating medical providers and commonly relied upon by other treating physicians including, but

not limited to, x-rays, MRI reports, CT scans, EMG’s, nerve conduction studies, ultrasounds, and

laboratory results.

(3) Expert testimony may be admitted without satisfying Daubert v Merrell Dow

Pharmaceuticals, Inc, 509 US 579, 589; 113 S Ct 2786; 125 L Ed 2d 469 (1993).

(4) Effect is given to the rules of privilege recognized by law.

(5) A duly executed certificate on the agency subpoena form satisfies the authentication

requirement for records.

(6) Objections to, and rulings on, offers of evidence must be made on the record.

History: 2021 AACS.

R 418.98 Testimonial evidence.

Rule 18. (1) The testimony of all witnesses must be upon oath or affirmation.

(2) Witnesses must be sequestered at the request of a party or by the magistrate on his or her

own initiative.

(3) Opposing parties are entitled to cross-examine witnesses subject to the provisions of R

418.94(2).

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(4) The testimony of medical experts and vocational consultants may be taken by

deposition. A party taking a deposition shall give reasonable notice to all parties. The magistrate

may limit the time, manner, and place where the deposition occurs.

(5) At the discretion of the magistrate, other witnesses may testify by deposition before trial.

The magistrate may limit the time, manner, and place where the deposition testimony occurs.

(6) At the discretion of the magistrate, and for good cause shown, the testimony of medical

experts and vocational consultants not presented at the scheduled trial date may be taken by

deposition after the conclusion of the lay testimony in accordance with the following:

(a) The plaintiff shall take such depositions within 42 days after the trial date.

(b) The defendants shall take such depositions within 56 days after the trial date.

(c) Transcripts must be filed with the magistrate within 72 days of the completion of lay

testimony.

(7) All depositions taken in advance of the trial date must be filed with the magistrate on the

trial date.

History: 2021 AACS.

R 418.99 Case resolution by order and opinion; redemptions of liability; attorney

briefs; correction of mistakes in order or opinion.

Rule 19. (1) A case that is assigned to a magistrate must be resolved by an order and, when

applicable, an opinion. The order, and when applicable, the opinion, must be written within 42

days of the closing of the record, except under extenuating circumstances as determined by the

chairperson of the board.

(2) Except under extenuating circumstances as determined by the chairperson of the board,

all cases assigned to a magistrate that proceed to hearing must be resolved by opinion written

within 42 days of closing the record and must be prepared for mailing.

(3) All redemption hearings agreements must be either approved or denied by the issuance

of a redemption order.

(4) A reversionary interest clause contained in a redemption agreement must be clearly

labeled and disclosed to the magistrate, who shall make an express finding as to whether the

clause is in the best interests of the employee as required by section 836(1)(a) of the act, MCL

418.836.

(5) All lump sum applications must be either approved or denied by the issuance of an

order.

(6) In cases that are resolved by voluntary payment, there must be a written voluntary pay

agreement and an order dismissing the application.

(7) In cases that are resolved by voluntary withdrawal of an application, there must be a

written order of dismissal.

(8) Within the appeal period provided, a magistrate may on his or her own initiative correct

a mistake in the order or opinion. Parties may stipulate to the corrections pursuant to section 851

of the act, MCL 418.851. Any corrections require a corrected order or opinion, or both, and must

specify the corrections made.

History: 2021 AACS.

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