Section 408.34. Petitions for hearing; small disputes.

(1) In cases of dispute coming under the jurisdiction of the bureau, any party may petition the bureau for relief. The complaining party shall file his or her petition (form 104A, 104B, or 104C) with the bureau at its Lansing office. The bureau shall then serve the adverse party with a copy of the petition and, at the same time, notify the parties of the time  and place of the initial hearing. The adverse party shall file his or her answer to the petition with the bureau within 15 days after service and serve a copy of the answer on the complaining party.

(2)     In any case where the compensable disability of an injured employee is undisputed and involves 1 or more disputed injury dates during the course of employment with 1 or more employers, or during the course of employment with 1 employer who is insured by 1 or more insurance carriers, the bureau may direct compensation benefits to be paid at the maximum rate, as determined in section 351 of the act, with no dependents as provided  in  the  schedule  of benefits on the earliest or

initial date of injury alleged. The self-insured employer or insurance carrier that has the risk on the earliest or initial date of injury shall make the payments. Payments shall continue through the mailing date of the decision of the magistrate and shall be adjusted in accordance with the decision unless an appeal is taken. If an appeal is taken section 862 of the act shall apply. The magistrate shall order reimbursement where appropriate.

(3)   In apportionment cases that are tried involving a date of injury before January 1, 1981, the primary action is between the last employer and the injured employee. All other joined employers may appear, cross-examine witnesses, give evidence, and defend on the issue of liability. In setting trial dates for such cases, only  the convenience of the plaintiff and the last employer, or their  attorney,  shall  be considered.

(4)    After attempting to resolve the dispute without bureau  involvement, either party may request the director to schedule a conference  or   the director, on his or her own motion, may schedule a conference to resolve small disputes. Parties involved in such disputes shall attend the conference.

History: 1979 AC; 1984 AACS; 1998-2000 AACS.