WORKER'S DISABILITY COMPENSATION ACT OF 1969
Act 317 of 1969
418.851 Inquiries and investigations; evidence; place of hearing; filing order with bureau; stipulations; modification or correction of errors; order of bureau.
Sec. 851.
The worker's compensation magistrate at the hearing of the claim shall make such inquiries and investigations as he or she considers necessary. A claimant shall prove his or her entitlement to compensation and benefits under this act by a preponderance of the evidence. The hearing shall be held at the locality where the injury occurred and the order of the worker's compensation magistrate shall be filed with the bureau. If the parties stipulate within 30 days to modify or correct errors in the decision issued, the magistrate shall modify or correct errors in the decision in accordance with such stipulations. All such stipulations shall comply with the provisions of this act. Unless a claim for review is filed by a party within 30 days, the order shall stand as the order of the bureau.
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
Compiler's Notes:
For legislative intent as to severability, see Compiler's note to MCL 418.213.
PopularName Notes:
Act 317
Notes of Decisions
Stokes v. Chrysler LLC, 750 N.W.2d 129 (Mich. 2008).
· cites it 30× “MCL 418.851. The claimant must show more than a mere inability to perform a previous job.”
Clifton Jackson v. Sedgwick Claims Mgmt. Servs., 731 F.3d 556 (6th Cir. 2013).
· cites it 3× “” Mich. Comp. Laws § 418.851 . The magistrate is authorized to “administer oaths, subpoena witnesses, and examine such parts of the books and records of the parties to a proceeding as relate to questions in dispute.”
Brown v. Cassens Transp. Co., 675 F.3d 946 (6th Cir. 2012).
· cites it 4× “Although an employee bears the burden of showing his personal injury arose during the course of his employment in the event of a dispute, Mich. Comp. Laws § 418.851 , no Michigan statutory provision permits the employer to withhold compensation until such a showing has been made.”
Younkin v. Zimmer, 848 N.W.2d 488 (Mich. Ct. App. 2014).
· cites it 33× “The primary issue on appeal is whether the trial court properly interpreted MCL 418.851 to preclude Zimmer and Hilfinger from transferring all hearings on workers’ compensation claims arising in Genesee County to Dimondale, Michigan.”
Stokes v. DaimlerChrysler Corp., 727 N.W.2d 637 (Mich. Ct. App. 2007).
· cites it 8× “A In Boggetta, supra, the Workmen's Compensation Appeal Board found that the predecessor statute to MCL 418.851, MCL 413.8, [4] gave the workers' compensation magistrate power to grant discovery when necessary, explaining: Section 8, part 3 of the workmen's compensation law…”
Sobotka v. Chrysler Corp., 523 N.W.2d 454 (Mich. 1994).
· cites it 2× “[23] See also MCL 418.851; MSA 17.237(851) ("A claimant shall prove his or her entitlement to compensation and benefits under this act by a preponderance of the evidence").”
Pike v. City of Wyoming, 433 N.W.2d 768 (Mich. 1988).
· cites it 2× “[1] MCL 418.851; MSA 17.237(851). [2] Order of the hearing referee, Erwin Johnson, mailed December 8, 1983.”
Theodore v. Packing Materials, Inc, 240 N.W.2d 255 (Mich. 1976).
· cites it 2× “156(c): 5 "The payment of compensation to any dependent child shall cease when the child reaches the age of 21 and MCLA 418.851; MSA 17.237(851): "The hearing referee assigned to any hearing in accordance with the provisions of section 847 shall make such inquiries and…”
Younkin v. Zimmer, 857 N.W.2d 244 (Mich. 2014).
· cites it 2× “MCL 418.851 provides that “[t]he [workers’ compensation] hearing shall be held at the locality where the injury occurred.”
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