Mich. Comp. Laws § 418.205

Powers and duties of director.

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WORKER'S DISABILITY COMPENSATION ACT OF 1969


Act 317 of 1969


418.205 Powers and duties of director.

Sec. 205.

    The director shall devote his or her entire time to and personally perform the duties of his or her office and shall engage in no other business or professional activity. He or she may make rules not inconsistent with this act for carrying out the provisions of the act in accordance with the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328. He or she shall appoint assistants and employees as necessary, who are entitled to necessary travel expenses incurred in performing official duties subject to the standardized travel regulations of this state, and compensation in accordance with applicable civil service rules. He or she has general supervisory control of the agency and all its officers and employees. He or she has charge of assigning the work of the agency to the assistants and employees. Cases involving a carrier terminating the voluntary payment of benefits and cases involving a petition to stop or reduce compensation shall be held within 60 days and take precedence over other cases. The director may provide assistance to employers and employees in resolving small disputes. He or she has general charge of all administrative functions of the agency and may delegate the duties, administrative functions, and the authority incident to those duties and functions.

History: 1969, Act 317, Eff. Dec. 31, 1969 ;-- Am. 1980, Act 357, Eff. Jan. 1, 1981 ;-- Am. 1985, Act 103, Imd. Eff. July 30, 1985 ;-- Am. 2011, Act 266, Imd. Eff. Dec. 19, 2011

Compiler's Notes:

    For legislative intent as to severability, see Compiler's note to MCL 418.213.

    For creation of the workers' compensation agency as type II agency within the department of labor and economic growth, see E.R.O. No. 2003-1, compiled at MCL 445.2011.

    For transfer of powers and duties of the bureau of worker's compensation and of its director, to the bureau of worker's compensation, and its director, under MCL 445.2004, to the workers' compensation agency, see E.R.O. No. 2003-1, compiled at MCL 445.2011.

    Enacting section 2 of Act 266 of 2011 provides:

    "Enacting section 2. This amendatory act applies to injuries incurred on or after its effective date."

    For the transfer of powers and duties of the workers' compensation agency from the department of licensing and regulatory affairs to the department of labor and economic opportunity and the renaming of workers; compensation agency as the workers' disability compensation agency, see E.R.O. No. 2019-3, compiled at MCL 125.1998.

PopularName Notes:

Act 317

AdminRule Notes:

    R 408.31 et seq.; R 408.43i; R 408.43s; R 418.10101 et seq.; and R 418.10104 et seq. of the Michigan Administrative Code.

Notes of Decisions
Cited in 12 cases, 1974–2002 · leading case: Civil Service Commission v. Department of Labor
Civil Service Commission v. Department of Labor (1986) mich · cites it 2× “[16] MCL 418.205; MSA 17.237(205). [17] MCL 418.”
Michigan Farm Bureau v. Bureau of Workmen's Compensation (1980) mich “15 The Worker’s Disability Compensation Act (MCL 418.205; MSA 17.237[205]) states that the director may exercise his rule-making power in accordance with 1943 PA 88 , the former APA replaced by the present APA (MCL 24.”
Reiss v. Pepsi-Cola Metropolitan Bottling Co. (2002) michctapp “MCL 418.205 authorizes the director of the bureau to “make rules not inconsistent with this act for carrying out the provisions of the act .”
Stein v. Director, Bureau of Workmen's Compensation (1977) michctapp “As plaintiff points out, it is the director who is primarily charged with administering the Worker’s Disability Compensation Act, MCLA 418.205; MSA 17.237(205), and it may be said that it is the director who has the ultimate responsibility of insuring that compensation is paid…”
Morley v. General Motors Corp. (2002) michctapp “MCL 418.205. A rule adopted by an agency in accordance with the Administrative Procedures Act, MCL 24.”
Michigan Farm Bureau v. Bureau of Workmen's Compensation (1977) michctapp · cites it 2× “” This section must be read in conjunction with WCA §205; MCLA 418.205; MSA 17.237(205), which vests the Bureau director with the power to "make rules not inconsistent with this act [WCA] for carrying out the provisions of the act in accordance with [the Administrative…”
Garcia v. McCord Gasket Corp. (1993) michctapp “(3) Where the dispute results in the denial of medical treatment for a worker, or where there is a petition by an employer to stop its liability for medical benefits previously ordered, including proceedings under subrule (6) of this rule, it shall receive the same expedited…”
Sharp v. Allied Supermarkets, Inc. (1974) michctapp “237(859), does not require an indigent to file a transcript, but does specifically require an employer or carrier to purchase one, the Legislature intended the requirement to apply only to employers or carriers, and thus Rule 19 is inconsistent with the statute.”
Vido v. Ford Motor Co. (1979) michctapp “MCL 418.205; MSA 17.237(205), 1972 AACS R 408.”
Hopson v. Chrysler Corp. (1975) michctapp “237(203), MCLA 418.205; MSA 17.237(205), MCLA 418.211; MSA 17.”
Safeco Insurance v. Mindell, Panzer, Mulcahy & Malin, PC (1999) michctapp · cites it 2× “MCL 418.205; MSA 17.237(205). In an *228 order dated February 29, 1996, the WCAC denied appellant’s motion to reinstate.”
Michigan Injured Workers v. Blanchard (1986) miwd “§ 418.205 was amended by 1985 P.A. 103 to provide that petitions filed in these cases were to take precedence over all others, and that a hearing must be held on them within 60 days of the filing of the petition.”
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