WORKER'S DISABILITY COMPENSATION ACT OF 1969
Act 317 of 1969
418.858 Cost of hearing; fees of attorneys and physicians; disagreement as to fees; application for hearing; order; review; maximum attorney fees; rules; special order awarding fees; computation of attorney fees; limitation on fees; reduction in fees.
Sec. 858.
(1) The cost of a hearing, including the cost of taking stenographic notes of the testimony presented at the hearing, not exceeding the taxable costs allowed in actions at law in the circuit courts of this state, shall be fixed by the board of magistrates and paid by the state as other expenses of the state are paid. The payment of fees for all attorneys and physicians for services under this act shall be subject to the approval of a worker's compensation magistrate. In the event of disagreement as to such fees, an interested party may apply to the bureau for a hearing. After an order by the worker's compensation magistrate, review may be had by the director if a request is filed within 15 days. Thereafter the director's order may be reviewed by the appellate commission on request of an interested party, if a request is filed within 15 days.
(2) The director, by rule, may prescribe maximum attorney fees and the manner in which the amount may be determined or paid by the employee; but the maximum attorney fees prescribed by the director shall not be based upon a weekly benefit amount after coordination which is higher than 2/3 of the state average weekly wage at the time of the injury. For claims in which an application under section 847 is filed after March 31, 1986, the maximum attorney fee shall be based upon the coordinated worker's compensation benefit amount according to a contingency fee schedule, as provided for under rules promulgated pursuant to this act, but if this would result in a fee of less than $500.00, the claimant may agree to pay a sum, as specified in a written agreement between the claimant and the attorney prior to the filing of an application for hearing, so that the total fee received by the attorney would be not more than $500.00. When fees are requested in excess of that provided by rule, the director may award the fees by special order. In the computation of attorney fees for a case in which an application under section 847 is filed after March 31, 1986 and decided by the worker's compensation appellate commission, the fees shall be assessed on not more than 104 weeks of the period the matter was pending before the commission. This limitation on fees applies only to weekly compensation and does not apply to the period of time the matter was pending review before the court of appeals or supreme court.
(3) The director is authorized to promulgate rules calling for reductions in attorney fees in cases where applications for hearing have been dismissed, or where, in the discretion of the worker's compensation magistrate, such action is appropriate.
History: 1969, Act 317, Eff. Dec. 31, 1969 ;-- Am. 1980, Act 357, Eff. Jan. 1, 1981 ;-- Am. 1981, Act 196, Eff. Jan. 1, 1982 ;-- 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
Petersen v. Magna Corp., 773 N.W.2d 564 (Mich. 2009).
· cites it 8× “315(1) represents a major departure from our caselaw and is inconsistent with MCL 418.858, which permits the director to limit the "maximum attorney fees" "paid by the employee.”
Farrington v. Total Petroleum, Inc., 501 N.W.2d 76 (Mich. 1993).
· cites it 2× “See Juge & Phillips, A new standard for cardiovascular claims in workers' compensation, 43 La L R 17, 22 (1982). [2] See, e.g., MCL 418.862(2); MSA 17.”
Gilroy v. Gen. Motors Corp., 475 N.W.2d 271 (Mich. 1991).
· cites it 6× “The fee that the administrative law judge may approve shall not be more than 30% of the balance. [11] The employer's workers' compensation liability shall be reduced by [t]he after-tax amount of the payments received or being received under a self-insurance plan, a wage…”
Woll v. Attorney Gen., 297 N.W.2d 578 (Mich. 1980).
· cites it 2× “[17] MCL 418.858; MSA 17.237(858). [18] GCR 1963, 928.”
Gross v. Great Atl. & Pac. Tea Co., 274 N.W.2d 817 (Mich. Ct. App. 1978).
· cites it 2× “The cost of such hearing, including the cost of taking stenographic notes of the testimony presented at such hearing, not exceeding the taxable costs allowed in actions at law in the circuit courts of this state, shall be fixed by the director and paid by the state as other…”
In the Matter of Kelman, 280 N.W.2d 457 (Mich. 1979).
“" MCL 418.858; MSA 17.237(858). *506 The act and the bureau's rule [2] contemplate that an attorney will be paid when he recovers benefits for an employee.”
Rzanca v. Ldi, Inc, 531 N.W.2d 836 (Mich. Ct. App. 1995).
“MCL 418.858; MSA 17.237(858). Section 861b does not provide for an award of attorney fees.”
McDougall v. Gen. Motors Corp., 463 N.W.2d 151 (Mich. Ct. App. 1990).
“After an order by the hearing referee or worker’s compensation magistrate, as applicable, review may be had by the director if a request is filed within 15 days.”
Gilroy v. Gen. Motors Corp., 420 N.W.2d 829 (Mich. Ct. App. 1987).
“[ 1 ] Also at that time, MCL 418.858; MSA 17.237(858) stated in pertinent part: The director, by rule, may prescribe maximum attorney fees and the manner in which the amount may be determined or paid by the employee; but the maximum attorney fees prescribed by the director shall…”
Alexander v. Dir., Bureau of Workmen's Comp., 280 N.W.2d 457 (Mich. 1979).
“” MCL 418.858; MSA 17.237(858). *506 The act and the bureau’s rule 2 contemplate that an attorney will be paid when he recovers benefits for an employee.”
Grabowski v. Gen. Motors Corp., 459 N.W.2d 36 (Mich. Ct. App. 1990).
“44(2), allows referees to approve attorney fee awards of not more than thirty percent of the "accrued compensation” awarded less reasonable expenses incurred on the claimant’s behalf.”
— Mich. Comp. Laws § 418.858(1) — 2 cases
McDougall v. Gen. Motors Corp., 463 N.W.2d 151 (Mich. Ct. App. 1990).
“After an order by the hearing referee or worker’s compensation magistrate, as applicable, review may be had by the director if a request is filed within 15 days.”
Grabowski v. Gen. Motors Corp., 459 N.W.2d 36 (Mich. Ct. App. 1990).
“44(2), allows referees to approve attorney fee awards of not more than thirty percent of the "accrued compensation” awarded less reasonable expenses incurred on the claimant’s behalf.”
— Mich. Comp. Laws § 418.858(2) — 3 cases
Petersen v. Magna Corp., 773 N.W.2d 564 (Mich. 2009).
“315(1) represents a major departure from our caselaw and is inconsistent with MCL 418.858, which permits the director to limit the "maximum attorney fees" "paid by the employee.”
Farrington v. Total Petroleum, Inc., 501 N.W.2d 76 (Mich. 1993).
“See Juge & Phillips, A new standard for cardiovascular claims in workers' compensation, 43 La L R 17, 22 (1982). [2] See, e.g., MCL 418.862(2); MSA 17.”
Gilroy v. Gen. Motors Corp., 475 N.W.2d 271 (Mich. 1991).
“The fee that the administrative law judge may approve shall not be more than 30% of the balance. [11] The employer's workers' compensation liability shall be reduced by [t]he after-tax amount of the payments received or being received under a self-insurance plan, a wage…”
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