How proposed Michigan Administrative Hearing System (MAHS) rules could affect workers’ compensation practice and procedure.
The Workers’ Compensation Law Section has received proposed rules for MAHS. A public hearing has been scheduled for July 30, 2014. We encourage anyone with concerns to attend and make their voices heard.
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Proposed New Scheduling Rules
R 792.11307 Scheduling.
Rule 1307. (1) Within 90 days of the pretrial conference the magistrate shall set a scheduling conference that must be attended by all parties or their attorneys. (2) At the scheduling conference the magistrate shall determine, in consultation with the parties, appropriate deadlines for completion of activities to further the progression of the claim to hearing or other resolution. (3) Within 180 days of the scheduling conference the magistrate will schedule a status conference, at which time the parties will advise the magistrate as to the status of the claim. A facilitation date and hearing date may be assigned at the status conference. To the extent he or she deems necessary to the orderly processing of the claim, a magistrate may issue a scheduling order. (4) This rule shall not apply to cases involving a carrier terminating the voluntary payment of benefits and cases involving a petition to stop or reduce compensation. In the event that a moving party is not ready to proceed to trial on the first scheduled hearing date, the magistrate may waive 60 day status.
R792.11308 Deposition of medical and vocational experts.
Rule 1308. The testimony of all medical and vocational experts to be offered at hearing by deposition shall be taken in advance of the hearing date pursuant to the following: (a) Plaintiff shall schedule and take such depositions not less than 20 days before the hearing date. (b) Defendants shall schedule and take such depositions not less than 10 days before the hearing date. (c) All depositions shall be in the possession of the magistrate on the hearing date. (d) At the discretion of the magistrate, either party may produce expert witnesses at hearing provided 10 days’ notice is given to all parties, including the witness’ name and address. Failure to provide such notice may result in a prohibition against that witness from testifying. (e) An adjournment of the hearing is within the discretion of the magistrate.
R 792.11310 Hearing completion times.
Rule 1310. The hearing completion time shall be at the discretion of the magistrate, but it shall not be more than 30 days after the date the hearing commenced. The magistrate may allow an extension beyond this time for good cause shown. At the hearing, the magistrate may call witnesses, issue subpoenas and order the production of books, records, including hospital records, accounts and papers which are necessary for the purpose of making a decision.
R 792.11311 Final disposition of cases.
Rule 1311. (1) Except under extenuating circumstances as determined by the chairperson of the board of magistrates, all cases all cases assigned to a magistrate that proceed to hearing shall be resolved by opinion written within 42 days of hearing completion and shall be prepared by the agency for mailing. (2) All redemption hearings agreements shall be either approved or denied by the issuance of a redemption order. (3) All lump sum advance hearings shall be either approved or denied by the issuance of a lump sum application order. (4) In cases that are resolved by voluntary payment there shall be a voluntary pay agreement issued and signed by the parties or their attorneys outlining the agreement of the parties.
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