Michigan Office of Administrative Hearings and Rules  
611 W. Ottawa Street  
Lansing, MI 48909  
Phone: 517-335-8658 Fax: 517-335-9512  
AGENCY REPORT TO THE  
JOINT COMMITEE ON ADMNINISTRATIVE RULES (JCAR)  
1. Agency Information  
Agency name:  
Labor and Economic Opportunity  
Division/Bureau/Office:  
Workers' Compensation Agency  
Name of person completing this form:  
Dave Campbell  
Phone number of person completing this form:  
517-284-8891  
E-mail of person completing this form:  
Name of Department Regulatory Affairs Officer reviewing this form:  
Thomas Shaver  
2. Rule Set Information  
MOAHR assigned rule set number:  
2019-130 LE  
Title of proposed rule set:  
Workers’ Compensation Board of Magistrates General Rules  
3. Purpose for the proposed rules and background:  
The rules apply to the practice and procedures before the workers’ disability compensation board of  
magistrates under the worker's disability compensation act of 1969, 1969 PA 317, MCL 418.101 to  
418.941. This RFR specifically references Part 13 (R 792.11301 – R 792.11313) of the Michigan  
Administrative Hearing System, Administrative Hearing Rules, currently located within Licensing  
and Regulatory Affairs - Michigan Office Of Administrative Hearings and Rules. As a result of  
Executive Order 2019-13, Part 13 will be rescinded by MOAHR, and promulgated by LEO, Workers’  
Disability Compensation Agency. Some of the specific rules in Part 13 will be updated to reflect  
changes in process and procedure including simplification of pre-trial hearing process and case  
scheduling; rules to facilitate expansion in the use of electronic conferencing for case resolution,  
settlement approval and adjudication.  
4. Summary of proposed rules:  
MCL 24.242 and 24.245  
Agency Report to JCAR-Page 2  
The Workers’ Disability Compensation Board of Magistrates rules apply to practice and procedures  
before the board.  
The Request for Rules specifically references Part 13 (R 792.11301 – R 792.11313) of the Michigan  
Administrative Hearing System, Administrative Hearing Rules, currently located within Licensing  
and Regulatory Affairs - Michigan Office Of Administrative Hearings and Rules. As a result of  
Executive Order 2019-13, Part 13 will be rescinded by MOAHR, and promulgated by LEO, Workers’  
Disability Compensation Agency. Some of the specific rules in Part 13 will be updated to reflect  
changes in process and procedure.  
5. List names of newspapers in which the notice of public hearing was published and  
publication dates:  
Ann Arbor News Daily Edition June 13, 2021  
Detroit Legal News June 17, 2021  
The Mining Journal June 18, 2021  
6. Date of publication of rules and notice of public hearing in Michigan Register:  
7/1/2021  
7. Date, time, and location of public hearing:  
7/7/2021 12:05 PM at Room L-150, Cadillac Place Bldg. , 3026 W Grand Blvd, Detroit, MI  
8. Provide the link the agency used to post the regulatory impact statement and cost-benefit  
analysis on its website:  
9. List of the name and title of agency representative(s) attending public hearing:  
Jack Nolish, WDCA Director  
Deb Outwater, WDCA Executive Secretary  
David Campbell, WDCA Agency Division Director  
Kris Kloc, WDCA Medical Claims Analyst  
10. Persons submitting comments of support:  
Jayson Chizick for Worker’s Compensation Section of the Michigan State Bar Association.  
Michigan Self-Insurers Ass’n and Michigan Ass’n for Justice Ad Hoc Stakeholder Advisory Group.  
Don Hannon, Associate Member Michigan Self-Insurer’s Association  
Dawn Drobnich, Executive Secretary, Michigan Self-Insurers’ Association  
Richard Warsh, Past President, Michigan Association for Justice  
Robert MacDonald, Past President, Michigan Association for Justice  
Alicia W. Birach: Foster, Swift, Collins & Smith.  
Dyke VanKoevering: General Counsel, Insurance Alliance of Michigan.  
11. Persons submitting comments of opposition:  
No comments of opposition  
MCL 24.242 and 24.245  
Agency Report to JCAR-Page 3  
12. Identify any changes made to the proposed rules based on comments received during the  
public comment period:  
Name &  
Comments made at Written  
Agency Rationale Rule number  
Organization public hearing  
Comments  
for change  
& citation  
changed  
1
Dawn  
Drobnich,  
Rule 9(4) needs Clarified who  
two technical responds to a  
fixes related to subpoena and  
§418.89(4)  
Rule 9(4)  
Michigan Self-  
Insurers’  
the duties to  
respond to  
what must be  
provided.  
Association  
subpoenas. As  
drafted, only a  
“party” needs to  
respond to a  
subpoena, when  
clearly that was  
not intended.  
2
Dawn  
Drobnich,  
Discovery Rule Clarification of  
11(1)(a) and (b) wording to  
§418.91(1)(a)  
and Rule 17(2) facilitate exchange Rule 11(1)(a)  
(b), as employers of medical reports & (b)  
and carriers are in cases.  
required to  
Michigan Self-  
Insurers’  
Association  
produce copies  
of medical  
reports prepared  
by defense  
medical  
examiners and all  
treating medical  
records must be  
exchanged, it  
only seems fair  
that injured  
workers and  
their attorneys  
be required to  
produce copies  
of reports  
prepared by  
medical  
examiners  
retained by an  
employee.  
3
Dawn  
The proposed  
Clarification of  
§418.91(1)(d)  
MCL 24.242 and 24.245  
Agency Report to JCAR-Page 4  
Drobnich,  
changes R18.91 wording to make (ii)& (iii)  
(1)(d)(ii) to  
require a  
vocational report job requirements (ii,iii)  
to include "a job is provided.  
description  
sure appropriate  
information about Rule 11(1)(d)  
Michigan Self-  
Insurers’  
Association  
outlining the  
functional  
requirements of  
the job that are  
available" and the  
proposed change  
to R418.91(1)(d)  
(iii) that would  
require  
defendants to  
produce "any  
other pertinent  
information  
reasonably  
necessary to  
apply for the  
employment." We  
think Defendants  
should be  
producing the  
information that  
can be obtained  
from prospective  
employers so that  
employees have a  
meaningful  
opportunity to  
understand the  
job requirements,  
and a meaningful  
way to apply for  
the jobs. The  
recommended  
changes to the  
rule should  
suffice---The  
proposed rule  
418.91(1)(d)(ii),  
includes a  
requirement that  
MCL 24.242 and 24.245  
Agency Report to JCAR-Page 5  
a vocational  
consultant report  
include a job  
description  
outlining “all of”  
the functional  
requirements of  
the job. With  
respect to  
proposed rule  
418.91(1)(d)(iii),  
the current  
wording is overly  
broad.  
4
Dawn  
The rule requires Wording change to §418.91(f)  
Drobnich,  
a party, upon  
request, to  
clarify which  
records must be  
Rule 11(1)(f),  
Michigan Self-  
Insurers’  
Association  
produce various provided to the  
records but the  
general terms in  
the proposed  
employee.  
rules refer to just  
employer and  
personnel  
records, while the  
list that follows in  
the rule includes  
non-privileged  
claims records.  
MCL 24.242 and 24.245  
Agency Report to JCAR-Page 6  
5
Dawn  
Drobnich,  
We believe  
doctorate level  
psychologists  
Added description §418.91(1)(g)  
of qualifications  
for a psychologist Rule11(1)(g)  
Michigan Self-  
Insurers’  
Association  
ought be included to be included in  
in the definition the list of available  
of physician for specialists for  
purposes of  
conducting  
defense  
employee  
evaluation.  
Clarification of  
examinations in who may  
mental disability accompany  
cases. We also  
recommend  
employee during  
evaluation.  
replacing the  
word ‘limit’ with  
‘determine’ in  
describing a  
magistrate’s  
power to  
determine how a  
defense medical  
examination is  
conducted.  
6
Dawn  
Drobnich,  
A comma in the Corrected  
§418.91(1)(h)  
Rule 11(1)(h)  
noticed rules is  
missing from the  
proposed and  
punctuation error.  
Michigan Self-  
Insurers’  
noticed rules,  
Association  
which with the  
missing comma,  
would require an  
attorney to secure  
permission of a  
magistrate and  
show good cause  
in order to be  
allowed to  
represent his or  
her client at a  
Stokes interview.  
MCL 24.242 and 24.245  
Agency Report to JCAR-Page 7  
7
Dawn  
Drobnich,  
Our  
recommended  
changes make it exchange of  
Clarification of  
process for  
§418.93  
Rule 13  
Michigan Self-  
Insurers’  
Association  
clearer that  
evidence prior to  
material protected trial; admissibility  
by attorney-client of later acquired  
privilege need not evidence;  
be exchanged or admissibility of  
disclosed at the evidence initially  
joint final  
classified as  
pretrial, but may privileged;  
be offered into  
evidence  
admissibility of  
undisclosed  
thereafter. Our  
recommended  
revisions  
rebuttal evidence.  
reinforce the  
intent that any  
joint final pretrial  
order should not  
act as a straight  
jacket or trap for  
the unwary, and  
that the parties  
should have the  
ability to address  
new issues or  
offer newly  
obtained or  
discovered  
evidence either  
not anticipated in  
the pretrial order,  
or for strategical  
trial or appellate  
reasons not raised  
until after proofs  
are completed, or  
the Magistrate’s  
Order/Opinion  
has been written.  
MCL 24.242 and 24.245  
Agency Report to JCAR-Page 8  
8
Dawn  
Drobnich,  
It is not clear that Clarification of  
parties can offer admissibility of  
additional evidence not  
evidence beyond available at the  
that listed on a time of the joint  
joint final pretrial pre-trial  
§418.94(6)  
Rule 14(6)  
Michigan Self-  
Insurers’  
Association  
statement or  
conference order.  
order, as some  
evidence may be  
privileged, not  
yet obtained or  
newly  
discovered, or  
strategically are  
not offered until  
appropriate  
during trial.  
9
Dawn  
Drobnich,  
Discovery Rule Language changed §418.97(2)(b)  
11(1)(a) and (b) to provide of  
and Rule 17(2) admission medical Rule 17(2)(b)  
(b), as employers reports by both  
and carriers are parties.  
required to  
Michigan Self-  
Insurers’  
Association  
produce copies  
of medical  
reports prepared  
by defense  
medical  
examiners and all  
treating medical  
records must be  
exchanged, it  
only seems fair  
that injured  
workers and  
their attorneys  
be required to  
produce copies  
of reports  
prepared by  
medical  
examiners  
retained by an  
employee.  
MCL 24.242 and 24.245  
Agency Report to JCAR-Page 9  
10  
Jayson Chizick, Commenting in  
Noted support of 2019-130-LE  
rule set.  
support of the  
Michigan State proposed rule set.  
Bar  
Association.  
13.Date report completed:  
8/17/2021  
MCL 24.242 and 24.245  
;