WORKER'S DISABILITY COMPENSATION ACT OF 1969
Act 317 of 1969
418.863 Presentation of certified copy of order to circuit court; judgment.
Sec. 863.
Any party may present a certified copy of an order of a worker's compensation magistrate, an arbitrator, the director, or the appellate commission in any compensation proceeding to the circuit court for the circuit in which the injury occurred, or to the circuit court for the county of Ingham if the injury was sustained outside this state. The court, after 7 days' notice to the opposite party or parties, shall render judgment in accordance with the order unless proof of payment is made. The judgment shall have the same effect as though rendered in an action tried and determined in the court and shall be entered and docketed with like effect.
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
Selk v. Detroit Plastic Prods., 345 N.W.2d 184 (Mich. 1984).
· cites it 2× “In 1977, § 801 was amended to change the expression "shall become payable on the 14th day" to "shall become due and payable on the 14th day", and new language (see fn 1) was added as subparagraphs (2)-(4).”
Riley v. Northland Geriatric Ctr., 433 N.W.2d 787 (Mich. 1988).
· cites it 2× “[6] While Justice BRICKLEY nominally endorses a "hybrid" rule of res judicata in workers' compensation proceedings, finality exists only until "`a subsequent petition based on changed circumstances that would not have been present at the previous litigation is filed.”
Pike v. City of Wyoming, 433 N.W.2d 768 (Mich. 1988).
· cites it 2× “The court, after 7 days' notice to the opposite party or parties, shall render judgment in accordance therewith unless proof of payment is made.”
Bennett v. Mackinac Bridge Auth., 808 N.W.2d 471 (Mich. Ct. App. 2010).
“” MCL 418.863. 9 This Court has held that even if an employer has failed to purchase workers’ compensation insurance or operate as a self-insurer in accordance with MCL 418.”
Quinton v. Gen. Motors Corp., 551 N.W.2d 677 (Mich. 1996).
· cites it 2× “§ 418.863; M.S.A. § 17.237(863) rather than entry of an order at the direction of an appellate court is absurd.”
Abbott v. Howard, 451 N.W.2d 597 (Mich. Ct. App. 1990).
· cites it 2× “On November 15, 1984, plaintiff commenced the instant action in Wayne Circuit Court to enforce the award pursuant to § 863 of the Workers’ Disability Compensation Act, MCL 418.863; MSA 17.237(863). After two evidentiary hearings, the Honorable Marvin R.”
Holcomb v. Ford Motor Co., 310 N.W.2d 275 (Mich. Ct. App. 1981).
· cites it 4× “Defendant appeals from a circuit court order granting plaintiffs petition for entry of judgment for workers’ disability compensation benefits pursuant to MCL 418.863; MSA 17.237(863). Essential to our resolution of the issue is an understanding of the factual and procedural…”
DeKind v. Gale Mfg. Co., 337 N.W.2d 252 (Mich. Ct. App. 1983).
· cites it 2× “Prior to the enactment of § 801(2) an injured worker could enforce an award under MCL 418.863; MSA 17.237(863), employing traditional common-law procedures.”
Bailey v. Oakwood Hosp. & Med. Ctr., 698 N.W.2d 374 (Mich. 2005).
· cites it 2× “§ 418.863. The employee's claim may be brought directly against the directors and officers of a self-insured employer or carrier as well as against the corporate entity.”
Wyrybkowski v. Cobra Pre-Hung Doors, Inc., 239 N.W.2d 660 (Mich. Ct. App. 1976).
· cites it 2× “Pursuant to MCLA 418.863; MSA 17.237(863), plaintiff petitioned the circuit court for entry of the workmen’s compensation award as a judgment of the circuit court.”
Askew v. Ann Arbor Pub. Schs., 433 N.W.2d 800 (Mich. 1988).
· cites it 2× “On October 28, 1974, the appeal board affirmed the decision of the hearing referee.”
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