WORKER'S DISABILITY COMPENSATION ACT OF 1969
Act 317 of 1969
418.847 Setting case for mediation or hearing; hearing; order; opinion; resolution of case by mediation.
Sec. 847.
(1) Except as otherwise provided for under this act, upon the filing with the agency by any party in interest of an application in writing stating the general nature of any claim as to which any dispute or controversy may have arisen, the case shall be set for mediation or hearing, as applicable. An application may be submitted electronically. A worker's compensation magistrate shall hear a case that is set for hearing.
(2) The worker's compensation magistrate, in addition to a written order, shall file a concise written opinion stating his or her reasoning for the order including any findings of fact and conclusions of law. The order and opinion shall be part of the record of the hearing. The order and opinion may be filed and distributed electronically.
(3) If the agency or the Michigan administrative hearing system determines that a case may be resolved by mediation, the case may be mediated by the parties. If the matter is not resolved by the mediation, the case shall be set for hearing.
History: 1969, Act 317, Eff. Dec. 31, 1969 ;-- Am. 1985, Act 103, Imd. Eff. July 30, 1985 ;-- Am. 1994, Act 271, Imd. Eff. July 11, 1994 ;-- 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.
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 executive director of the Michigan administrative hearing system to the director of the workers' disability compensation agency, and the transfer of the workers' disability compensation agency and the workers' compensation board of magistrates from the department of licensing and regulatory affairs to the department of labor and economic opportunity, see E.R.O. No. 2019-3, compiled at MCL 125.1998.
PopularName Notes:
Act 317
Notes of Decisions
Cited in
46
cases (
4 in the last 5 years), 1977–2025 · leading case:
Reed v. Yackell, 703 N.W.2d 1 (Mich. 2005).
Reed v. Yackell, 703 N.W.2d 1 (Mich. 2005).
· cites it 4× “For example, MCL 418.847(1) provides that a "party in interest" may apply for a hearing before a worker's compensation magistrate.”
McAvoy v. H B Sherman Co., 258 N.W.2d 414 (Mich. 1977).
· cites it 2× “MCLA 418.847; MSA 17.237(847). A party dissatisfied with the referee's order may file a claim of appeal.”
Adanalic v. Harco Nat'l Ins. Co., 870 N.W.2d 731 (Mich. Ct. App. 2015).
· cites it 2× “And, MCL 418.847(1) provides that “any party in interest” may file a workers’ compensation application if the application submitted by the injured party is disputed.”
Franks v. White Pine Copper Div., 375 N.W.2d 715 (Mich. 1985).
· cites it 2× “[20] Those procedures are *662 facially adequate to protect the claimant's interest; there is no reason to believe that the director, who is charged with protecting the rights of workers under the act, will not conscientiously and expeditiously investigate the matter, as he did…”
Clifton Jackson v. Sedgwick Claims Mgmt. Servs., 731 F.3d 556 (6th Cir. 2013).
“Mich. Comp. Laws § 418.847 . The statute provides that the parties may seek review of the magistrate’s decision by the Workers Compensation Appellate Commission [ (“WCAC”) ].”
Woody v. Cello-Foil Prods., 450 Mich. 588 (Mich. 1996).
· cites it 3× “517(A) requires: (1) In actions tried on the facts without a jury or with an advisory jury, the court shall find the facts specially, state separately its conclusions of law, and direct entry of the appropriate judgment.”
Clifton Jackson v. Segwick Claims Mgmt. Servs., 699 F.3d 466 (6th Cir. 2012).
· cites it 2× “rtually a mirror image of the claim here: Unscrupulous lawyers often combine with medical clinics in what are known as ‘workers’ comp mills,’ where runners and cappers are hired to recruit workers outside of factories or state employment offices and refer 2 The WDCA provides for…”
Brown v. Cassens Transp. Co., 743 F. Supp. 2d 651 (E.D. Mich. 2010).
· cites it 2× “Mich. Comp. Laws § 418.847 . The statute provides that the parties may seek review of the magistrate’s decision by the Workers Compensation Appellate Commission.”
Hartsell v. Richmond Lumber Co., 398 N.W.2d 456 (Mich. Ct. App. 1986).
· cites it 2× “The petition, although somewhat ambiguous, generally described the claim as required by MCL 418.847; MSA 17.237(847). Moreover, the uncontroverted affidavit of plaintiff's counsel demonstrates that Richmond Lumber had actual notice of the issue.”
Dagenhardt v. Special Mach. & Eng'g, Inc, 345 N.W.2d 164 (Mich. 1984).
“7 Likewise, a subsequent petition for a determination of rights can be submitted by "any party in interest”, MCL 418.847; MSA 17.237(847), because "[n]either the payment of compensation or [sic] the accepting of the same by the employee or his dependents shall be considered as a…”
— Mich. Comp. Laws § 418.847(1) — 6 cases
Reed v. Yackell, 703 N.W.2d 1 (Mich. 2005).
“For example, MCL 418.847(1) provides that a "party in interest" may apply for a hearing before a worker's compensation magistrate.”
Adanalic v. Harco Nat'l Ins. Co., 870 N.W.2d 731 (Mich. Ct. App. 2015).
“And, MCL 418.847(1) provides that “any party in interest” may file a workers’ compensation application if the application submitted by the injured party is disputed.”
— Mich. Comp. Laws § 418.847(1)(2) — 2 cases
— Mich. Comp. Laws § 418.847(2) — 8 cases
Reed v. Yackell, 703 N.W.2d 1 (Mich. 2005).
“For example, MCL 418.847(1) provides that a "party in interest" may apply for a hearing before a worker's compensation magistrate.”
Woody v. Cello-Foil Prods., 450 Mich. 588 (Mich. 1996).
“517(A) requires: (1) In actions tried on the facts without a jury or with an advisory jury, the court shall find the facts specially, state separately its conclusions of law, and direct entry of the appropriate judgment.”
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