New commission will hear workers’ compensation appeals starting August 11, 2019

Governor Gretchen Whitmer signs executive order creating Department of Labor and Economic Opportunity and how this will impact workers’ compensation appeals.

Gavel and Law Books

MLive reports that Governor Gretchen Whitmer has signed an executive order creating the Department of Labor and Economic Opportunity. This is a re-organization of the Department of Talent and Economic Development. Changes are scheduled to go in to effect August 11, 2019.

The executive order also creates two new commissions — the Workers’ Disability Compensation Appeals Commission and the Unemployment Insurance Appeals Commission — within the newly formed department. It abolishes the Michigan Compensation Appellate Commission that was previously tasked with hearing both types of appeals.

Splitting up the Michigan Compensation Appellate Commission ensures members will have the specialized knowledge needed to resolve both workers’ compensation and unemployment appeals. Appointments will be made with the advice and consent of the senate.

Key points from the executive order

  • The Workers’ Disability Compensation Appeals Commission will include three members appointed by the governor with the advice and consent of the senate.
  • Members of the Workers’ Disability Compensation Appeals Commission will be appointed for a term of four years. Initial term dates expire July 31, 2021, July 31, 2022, July 31, 2023.
  • Members of the Workers’ Disability Compensation Appeals Commission must be in good standing with the State Bar of Michigan.
  • Members of the Workers’ Disability Compensation Appeals Commission must be licensed to practice law in Michigan courts for five years or more.
  • Members of the Workers’ Disability Compensation Appeals Commission must have practiced in the field of workers’ compensation law for five years or more or otherwise demonstrate proficiency in the field of workers’ compensation law.
  • The Workers’ Disability Compensation Appeals Commission shall act by the vote of two or more members. If it does not have the vote of two or more members to decide an appeal, the chairperson of the Workers’ Compensation Board of Magistrates shall participate and cast a vote upon reviewing the record.
  • Opinions issued by the Workers’ Disability Compensation Appeals Commission must be in writing and clearly define the legal principles applied. The Workers’ Disability Compensation Appeals Commission shall provide for public distribution of its opinions, including distribution by electronic means using the internet. A decision reached will be the final decision.
  • In consultation with the chairperson of the Workers’ Disability Compensation Appeals Commission, the Director of Workers’ Disability Compensation has general supervisory control of the commission.
  • In consultation with the chairperson of the Workers’ Disability Compensation Appeals Commission, the Director of Workers’ Disability Compensation may establish productivity standards for the commission and its members.
  • A member of the Workers’ Disability Compensation Appeals Commission may be removed or suspended by the governor based upon neglect of duties, misfeasance, or malfeasance in office.

We anticipate a smooth transition and do not believe any workers’ compensation appeals will be delayed. We will post appointments when they are released by the governor’s office. Check back soon for more updates.

Michigan Workers Comp Lawyers never charges a fee to evaluate a potential case. Our law firm has represented injured and disabled workers exclusively for more than 35 years. Call (844) 201-9497 for a free consultation today.

Related information:

Executive Order 2019-13

Tags: ,
Injured On The Job: A Guide to Michigan Workers Compensation Law Injured On
The Job
A Guide to Michigan Workers Compensation Law Free Book
Free Consultation
  • This field is for validation purposes and should be left unchanged.