Section 792.11418. Appeal; deadline; procedure for late appeal.

(1) An appeal to the Michigan compensation appellate commission shall be received at the office of the Michigan compensation appellate commission.

(2)   To be received on time, an appeal to the Michigan compensation appellate commission must be received within 30 days after the mailed date the administrative law judge’s decision, order denying rehearing or reopening.

(3)   The Michigan compensation appellate commission is without jurisdiction to consider the merits of any appeal received after the 30-day appeal period. A party whose appeal is received by the Michigan compensation appellate commission after the 30-day appeal period may request a reopening by the administrative law judge under R 792.11405, assuming the request is received within 1 year of the date of mailing of the administrative law judge’s decision. The administrative law judge’s decision or order on the reopening request may then be appealed to the Michigan compensation appellate commission.

(4)   An appeal or request for rehearing or reopening to the Michigan compensation appellate commission may be made by personal service, postal delivery, facsimile transmission, or other electronic means as prescribed by the Michigan compensation appellate commission. If an appeal or request is made by facsimile transmission, the following will be presumed:

(a)    That the facsimile transmission was received on time if it was received by the Michigan compensation appellate commission not later than the last minute of the day of the applicable deadline as provided in these rules under prevailing Michigan time.

(b)     That the facsimile transmission was received on the date and at the time electronically entered or printed on the face of the document, subject to verification by the Michigan compensation appellate commission at its discretion.

History: 2015 AACS.