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DEPARTMENT OF LABOR AND ECONOMIC GROWTH WORKERS’ COMPENSATION APPELLATE COMMISSION ADMINISTRATIVE APPELLATE PROCEDURES
Filed with the Secretary of State on April 19, 2006
These rules become effective immediately upon filing with the Secretary of State unless adopted under sections 33, 44, or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State.
(By authority conferred on the Workers’ Compensation Appellate Commission by section 274 of 1969 PA 317, as amended, MCL 418.274 and Executive Reorganization Order No. 2003-1, MCL 445.2011)
R 418.4, R 418.6, and R 418.7 of the Michigan Administrative Code are amended as follows: R 418.4 Cross appeals.
Rule 4. (1) A cross appeal shall be received by the commission not later than 30 days after the cross
appellant has received a copy of the appellant’s brief. The cross appellant shall provide all other parties with copies of the cross appeal. “Receipt of appellant’s brief” shall be deemed to have occurred 5 days after the date of service/mailing indicated in the proof of service filed by the appellant with the commission.
(2) A cross appeal shall not be filed before the cross appellant receives a copy of the appellant’s brief.
(3) There shall be no delayed cross appeal. An extension of time to file a reply brief does not extend the time to file a cross appeal.
(4) If the appellant’s appeal is withdrawn or dismissed, the cross appeal is extinguished.
(5) A cross appeal shall be filed on the claim for review form specifically identifying that the party cross appeals the magistrate’s decision.
R 418.6 Briefs; titles; filing.
Rule 6. (1) A brief shall be entitled “appellant’s brief,” “appellee’s brief,” “Cross appellant’s brief,” or “cross appellee’s brief” or shall be otherwise appropriately designated.
(2) An appellant’s brief shall be filed with the commission not more than 30 days after a transcript is filed. Where there are multiple transcripts, the 30-day period begins to run when the last transcript is received by the commission.
(3) A cross appellant’s brief shall be filed with the commission not more than 30 days after the cross appellant receives a copy of an appellant’s brief.
(4) An appellee or a cross appellee need not file a brief; however, if the appellee wishes to file a brief, the appellee shall submit the brief to the commission within 30 days after the appellee receives a copy of the appellant’s brief. If the cross appellee wishes to file a brief, the cross appellee shall submit a brief to the commission within 30 days after the cross appellee receives the cross appellant’s brief. “Receipt” of all briefs filed pursuant to this subrule shall be deemed to have occurred 5 days after the date of
service/mailing indicated in the proof of service filed by the appellant, appellee, cross appellant or cross appellee with the commission.
(5) A proof of service shall be filed with the commission with each brief and served upon all parties or their counsel.
R 418.7 Motion practice.
Rule 7. (1) All motions shall be in writing.
(2) A party who files a motion shall provide all other parties with copies of the motion and file proof of service with the commission.
(3) A party has 14 days from the date the motion was filed to respond to the motion.
(4) A motion or response to a motion representing the existence of facts not in the record adopted by the magistrate shall be accompanied by an affidavit from a person with personal knowledge of any facts stated in the motion.
