Mich. Comp. Laws » Michigan Compiled Laws / Chapter 418 / Act 317 of 1969
Michigan Compiled Laws

Mich. Comp. Laws § 418.859 (2026)

Repealed. 1989, Act 117, Eff. Mar. 30, 1992.

✓ current as of July 2026
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WORKER'S DISABILITY COMPENSATION ACT OF 1969


Act 317 of 1969


418.859 Repealed. 1989, Act 117, Eff. Mar. 30, 1992.

    Repealed. 1989, Act 117, Eff. Mar. 30, 1992.

Compiler's Notes:

    The repealed section pertained to review by repeal board.

PopularName Notes:

Act 317
Notes of Decisions
Cited in 34 cases (1 in the last 5 years), 1974–2025 · leading case: McAvoy v. H B Sherman Co., 258 N.W.2d 414 (Mich. 1977).
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McAvoy v. H B Sherman Co., 258 N.W.2d 414 (Mich. 1977). · cites it 4× “" MCLA 418.859; MSA 17.237(859). "The findings of fact made by the board acting within its powers, in the absence of fraud, shall be conclusive.”
Clifton Jackson v. Sedgwick Claims Mgmt. Servs., 731 F.3d 556 (6th Cir. 2013). · 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 [(“WCAC”)].”
Askew v. Ann Arbor Pub. Schs., 433 N.W.2d 800 (Mich. 1988). · cites it 10× “" MCL 418.859; MSA 17.237(859). This controlling statutory language has been modified by 1985 PA 103 , which provides that "[t]he board may hear the parties, together with such additional evidence as it may allow.”
Riley v. Northland Geriatric Ctr., 433 N.W.2d 787 (Mich. 1988). · cites it 2× “[2] MCL 418.859; MSA 17.237(859). [3] Even if an intervening judicial decision may not technically be "evidence" under § 859, there is no reason to draw a distinction between such a decision and other types of evidence, particularly in light of the informal nature of workers'…”
Brown v. Beckwith Evans Co., 480 N.W.2d 311 (Mich. Ct. App. 1991). · cites it 4× “MCL 418.859; MSA 17.237(859) provides that the wcab "may hear the parties, together with such additional evidence as it may allow.”
Nunn v. Ga Cantrick Co., Inc., 317 N.W.2d 331 (Mich. Ct. App. 1982). · cites it 3× “237(859), which authorizes abbreviated decisions of the WCAB, violates Const 1963, art 3, § 2, which provides for the separation *490 of powers between the judiciary and the executive branch, and Const 1963, art 6, § 28, which provides for judicial review of all final decisions,…”
Civil Serv. Comm'n v. Dep't of Labor, 384 N.W.2d 728 (Mich. 1986). · cites it 2× “[24] MCL 418.859; MSA 17.237(859). [25] MCL 418.”
Brown v. Cassens Transp. Co., 743 F. Supp. 2d 651 (E.D. Mich. 2010). · cites it 2× “Mich. Comp. Laws § 418.861 (a). If the magistrate’s decision awards benefits to the worker, the worker is entitled to begin receiving benefits immediately, even though the employer may chose to appeal the magistrate’s decision.”
Perry v. Sturdevant Mfg. Co., 333 N.W.2d 366 (Mich. Ct. App. 1983). · cites it 2× “The carrier filed a timely claim for review with the WCAB, pursuant to MCL 418.859; MSA 17.237(859). At that time the carrier began to pay the claimant 70% of the weekly benefits set by the terms of the referee's *14 award.”
Kingery v. Ford Motor Co., 323 N.W.2d 318 (Mich. Ct. App. 1982). “MCL 418.859; MSA 17.237(859). Further, the WCAB is not bound by the findings of fact made by the referee, but, rather, the review of the referee’s decision by the WCAB is de novo.”
Frammolino v. Richmond Prods. Co., 260 N.W.2d 908 (Mich. Ct. App. 1977). “MCLA 418.859; MSA 17.237(859). 7 MCLA 418.”
Murdock v. Michigan Health Maint. Org., 391 N.W.2d 757 (Mich. Ct. App. 1986). “MCL 418.859; MSA 17.237(859). Defendants challenge the wcab’s refusal to admit into evidence a copy of the civil rights complaint plaintiff had filed in circuit court.”
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