WORKER'S DISABILITY COMPENSATION ACT OF 1969
Act 317 of 1969
418.853 Process and procedure; oaths; subpoenas; examination of books and records; contempt; application to circuit court.
Sec. 853.
Process and procedure under this act shall be as summary as reasonably may be. The director, worker's compensation magistrates, arbitrators, and the Michigan compensation appellate commission may 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. A subpoena signed by an attorney of record in the action has the force and effect of an order signed by the worker's compensation magistrate or arbitrator associated with the hearing. Any witness who refuses to obey a subpoena, who refuses to be sworn or testify, or who fails to produce any papers, books, or documents touching any matter under investigation or any witness, party, or attorney who is guilty of any contempt while in attendance at any hearing held under this act may be punished as for contempt of court. An application for this purpose may be made to any circuit court within whose jurisdiction the offense is committed and for which purpose the court is given jurisdiction.
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 abolishment of the Michigan compensation appellate commission and establishment of the new workers' disability compensation appeals commission within the workers' disability compensation agency in the department of labor and economic opportunity and the transfer of certain powers and duties of the Michigan compensation appellate commission to the workers' disability compensation appeals commission, see E.R.O. No. 2019-3, compiled at MCL 125.1998.
PopularName Notes:
Act 317
Notes of Decisions
Stokes v. Chrysler LLC, 750 N.W.2d 129 (Mich. 2008).
· cites it 16× “851 and MCL 418.853, [3] the magistrate has the authority to require discovery when necessary to make a proper determination of the case.”
In Re Contempt of Robertson, 531 N.W.2d 763 (Mich. Ct. App. 1995).
· cites it 5× “The director, *437 hearing referees, worker's compensation magistrates, arbitrators, and the board shall have the power to administer oaths, subpoena witnesses and to examine such parts of the books and records of the parties to a proceeding as relate to questions in dispute.”
Feld v. Robert & Charles Beauty Salon, 459 N.W.2d 279 (Mich. 1990).
“The process and procedure of the wdca is to be as summary as possible, MCL 418.853; MSA 17.237(853). Section 385 is designed as a fact-finding process by which an employer or its carrier can gather medical information relevant to an injury sustained by an employee.”
Peters v. Michigan Bell Tel. Co., 377 N.W.2d 774 (Mich. 1985).
· cites it 2× “Chapter 8 of the act, particularly § 853, MCL 418.853; MSA 17.237(853), regulates process and procedure before the hearing referee and the WCAB.”
Greer v. John E. Green Plumbing & Heating Co., 255 N.W.2d 17 (Mich. Ct. App. 1977).
· cites it 2× “…now carry out its statutory responsibility through promulgation and enforcement of reasonable rules of procedure. MCLA 418.853; MSA 17.237(853).”
Feld v. Robert & Charles Beauty Salon, 435 N.W.2d 474 (Mich. Ct. App. 1989).
“Workers’ compensation proceedings are purely statutory and, pursuant to § 853 of the wdca, MCL 418.853; MSA 17.237(853), shall be as summary as reasonably possible.”
Viele v. DCMA, 423 N.W.2d 270 (Mich. Ct. App. 1988).
“On appeal, plaintiff and the alleged statutory employers raise various issues from a workers’ compensation proceeding which should have been, but was not, a summary procedure and process, MCL 418.853; MSA 17.237(853), designed to deliver "sustaining benefits to a disabled…”
Davilla v. Fischer Corp., 209 Mich. App. 433 (Mich. Ct. App. 1995).
· cites it 5× “The director, *437 hearing referees, worker’s compensation magistrates, arbitrators, and the board shall have the power to administer oaths, subpoena witnesses and to examine such parts of the books and records of the parties to a proceeding as relate to questions in dispute.”
Joseph M Walker v. Workers Comp. Agency (Mich. Ct. App. 2017).
“851; MCL 418.853. During the hearing, the claimant has the burden of proving, by a preponderance of the evidence, that he or she is entitled to benefits.”
Joseph M Walker v. Workers Comp. Agency (Mich. Ct. App. 2017).
“851; MCL 418.853. During the hearing, the claimant has the burden of proving, by a preponderance of the evidence, that he or she is entitled to benefits.”
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