Michigan Office of Administrative Hearings and Rules  
Administrative Rules Division (ARD)  
611 W. Ottawa Street  
Lansing, MI 48909  
Phone: 517-335-8658 Fax: 517-335-9512  
REQUEST FOR RULEMAKING (RFR)  
1. Department:  
Labor and Economic Opportunity  
2. Bureau:  
Workers' Compensation Agency  
3. Promulgation type:  
Full Process  
4. Title of proposed rule set:  
Workers’ Disability Compensation General Rules  
5. Rule numbers or rule set range of numbers:  
R 408.31 – 408.59  
6. Estimated time frame:  
6 months  
Name of person filling out RFR:  
David Campbell  
E-mail of person filling out RFR:  
CampbellD5@michigan.gov  
Phone number of person filling out RFR:  
517-284-8891  
Address of person filling out RFR:  
2501 Woodlake Circle, Okemos, MI  
7. Describe the general purpose of these rules, including any problems the changes are intended  
to address.  
The general purpose of these rules is to provide consumers with procedures and guidance for  
addressing workers’ compensation claims, contested hearings, and workers’ compensation  
insurance policies, in order to carry out the provisions of the Worker’s Disability Compensation  
Act. The entire rule set will be updated for accuracy and procedural consistency. The rules will  
be revised to make necessary updates in order to facilitate the acceptance of electronic claims,  
insurance filings, and other reporting data, including use of secure and valid electronic signatures.  
Rules regulating attorney fees will be updated to reflect statutory changes in rate calculation and  
in response to case law. In addition, new rules will be added to this rule set to establish procedures  
for submitting and processing requests for review of redemption orders; provide procedures to  
implement requests under MCL 418.161(n); address issues raised by case law regarding  
overpayment reimbursement; require increased use of forms advising injured workers of rights  
and procedures. Rules regarding vocational rehabilitation will be updated to facilitate/provide for  
job search as required by statutory amendments and caselaw. Overall, language will be updated  
regarding the service of papers, vocational rehabilitation services, as well as general technical  
updates throughout.  
8. Please cite the specific promulgation authority for the rules (i.e. department director,  
commission, board, etc.).  
MCL 24.239  
RFR-Page 2  
Authority conferred on the director of the Workers' Disability Compensation Agency  
A. Please list all applicable statutory references (MCLs, Executive Orders, etc.).  
Section 205 of 1969 PA 317, MCL 418.205; and Executive Reorganization Order Nos. 1996-2,  
1999-3, 2002-1, and 2003-1, 2003-18, 2019-13, MCL 445.2001, 418.3, 445.2004, 445.2011, and  
125.1998.  
B. Are the rules mandated by any applicable constitutional or statutory provision? If so, please  
explain.  
Section 205 of 1969 PA 317, MCL 418.205  
9. Please describe the extent to which the rules conflict with or duplicate similar rules,  
compliance requirements, or other standards adopted at the state, regional, or federal level.  
These rules do not conflict with or duplicate similar rules, compliance requirements, or other  
standards at the federal, state, or regional level.  
10. Is the subject matter of the rules currently contained in any guideline, handbook, manual,  
instructional bulletin, form with instructions, or operational memoranda?  
No.  
11. Are the rules listed on the department’s annual regulatory plan as rules to be processed  
for the current year?  
Yes  
12. Will the proposed rules be promulgated under Section 44 of the Administrative Procedures  
Act, 1969 PA 306, MCL 24.244, or under the full rulemaking process?  
Full Process  
13. Please describe the extent to which the rules exceed similar regulations, compliance  
requirements, or other standards adopted at the state, regional, or federal level.  
These rules do not exceed federal, state, or regional compliance requirements or other standards.  
14. Do the rules incorporate the recommendations received from the public regarding any  
complaints or comments regarding the rules? If yes, please explain.  
No  
15. If amending an existing rule set, please provide the date of the last evaluation of the rules  
and the degree, if any, to which technology, economic conditions, or other factors have changed  
the regulatory activity covered by the rules since the last evaluation.  
The last revisions to the Workers’ Disability Compensation Agency General Rules took place with  
ruleset number 2015-028 LR, which became effective Oct. 21, 2015. Technology is driving  
several updates to this ruleset, mainly inclusive of electronic submission and service of forms and  
documents, and other correspondence related to claims activity.  
16. Are there any changes or developments since implementation that demonstrate there is no  
continued need for the rules, or any portion of the rules?  
No. There continues to be a need to provide standardized oversight and rules related to workers’  
compensation procedures to maintain consistency for all involved parties.  
17. Is there an applicable decision record (as defined in MCL 24.203(6) and required by MCL  
24.239(2))? If so, please attach the decision record.  
No  
MCL 24.239  
;