WORKER'S DISABILITY COMPENSATION ACT OF 1969
Act 317 of 1969
418.206 Position of hearing referee abolished; powers and duties of worker's compensation magistrates; hearings.
Sec. 206.
(1) The position of hearing referee under this act is abolished as of March 31, 1987.
(2) Only worker's compensation magistrates shall hear cases for which an application for a hearing under section 847 has been filed after March 31, 1986 and shall have the powers and perform the duties prescribed in this act.
(3) Any case for which an application for a hearing under section 847 has been filed before April 1, 1986 and which has not been heard by a hearing referee by March 31, 1987 shall be heard by a worker's compensation magistrate according to the law and procedures applicable to cases heard by hearing referees.
History: Add. 1985, Act 103, Imd. Eff. July 30, 1985
Constitutionality Notes:
Amendment of the workers' compensation act to abolish the civil service position of hearing referee and establish a Board of Magistrates in its place outside the civil service system to hear and adjudicate workers' compensation claims did not violate the civil service provision of the constitution. Civil Service Commission v Department of Labor, 424 Mich 571; 384 NW2d 728 (1986).
Compiler's Notes:
For legislative intent as to severability, see Compiler's note to MCL 418.213.
PopularName Notes:
Act 317
Notes of Decisions
Farrington v. Total Petroleum, Inc., 501 N.W.2d 76 (Mich. 1993).
· cites it 6× “861a(10); MSA 17.237(861a)(10). [13] The Legislature also adopted specific provisions that ensured that a claim heard by a hearing referee or assigned to the WCAB under the pre-1985 amendment system would still be decided under the preponderance of the evidence standard, which…”
Civil Serv. Comm'n v. Dep't of Labor, 384 N.W.2d 728 (Mich. 1986).
· cites it 6× “We are asked to decide whether 1985 PA 103 , งง 206 and 213, MCL 418.206, 418.213; MSA 17.237(206), 17.”
Barham v. Workers' Comp. Appeal Bd., 457 N.W.2d 349 (Mich. Ct. App. 1990).
“237(847X1), and MCL 418.206; MSA 17.237(206). Furthermore, we find plaintiff’s reliance upon MCL 418.”
Matulewicz v. Governor, 435 N.W.2d 785 (Mich. Ct. App. 1989).
“Section 206, MCL 418.206; MSA 17.237(206), eliminates the position of hearing referee previously held by plaintiffs, while § 213, MCL 418.”
Farrington v. Total Petroleum, Inc, 472 N.W.2d 60 (Mich. Ct. App. 1991).
“While the filing of an initial application for hearing invokes the jurisdiction of a workers’ compensation magistrate, see MCL 418.206 and 418.847; MSA 17.237(206) and 17.”
Michigan Injured Workers v. Blanchard, 647 F. Supp. 571 (W.D. Mich. 1986).
· cites it 9× “§§ 418.206 and 418.213, struck down. Defendants have moved for the dismissal of the complaint pursuant to both Fed.”
Holden v. Ford Motor Co., 484 N.W.2d 227 (Mich. 1992).
“6 Section 206 (MCL 418.206; MSA 17.237[206]) provided for the abolition of the office of hearing referee.”
— Mich. Comp. Laws § 418.206(1) — 1 case
Michigan Injured Workers v. Blanchard, 647 F. Supp. 571 (W.D. Mich. 1986).
“§§ 418.206 and 418.213, struck down. Defendants have moved for the dismissal of the complaint pursuant to both Fed.”
— Mich. Comp. Laws § 418.206(2) — 3 cases
Farrington v. Total Petroleum, Inc., 501 N.W.2d 76 (Mich. 1993).
“861a(10); MSA 17.237(861a)(10). [13] The Legislature also adopted specific provisions that ensured that a claim heard by a hearing referee or assigned to the WCAB under the pre-1985 amendment system would still be decided under the preponderance of the evidence standard, which…”
Michigan Injured Workers v. Blanchard, 647 F. Supp. 571 (W.D. Mich. 1986).
“§§ 418.206 and 418.213, struck down. Defendants have moved for the dismissal of the complaint pursuant to both Fed.”
— Mich. Comp. Laws § 418.206(3) — 2 cases
Farrington v. Total Petroleum, Inc., 501 N.W.2d 76 (Mich. 1993).
“861a(10); MSA 17.237(861a)(10). [13] The Legislature also adopted specific provisions that ensured that a claim heard by a hearing referee or assigned to the WCAB under the pre-1985 amendment system would still be decided under the preponderance of the evidence standard, which…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.