After a claim for review has been filed at the Appellate Commission, all subsequent documents must be filed directly with the Appellate Commission, P.O. Box 30468, Lansing, Michigan 48909-7968.  The physical location of the Appellate Commission is 7150 Harris Drive, General Office Building, Dimondale, Michigan 48821 (I-96, Exit 98A).  The telephone number is 517-636-4692 and the facsimile number is 517-636-4699.  Commission Rule 2(1) provides that "All pleadings, transcripts, briefs and other documents necessary for an appeal shall be filed at the Lansing office of the Commission."

All filings by US postal service, special delivery, hand delivery, or e-mail must be received by the Commission between normal business hours,  8 a.m. to 5 p.m., to be considered received on the date of receipt.  A filing by facsimile will be accepted as filed on the date it is received.  All documents received outside of these guidelines will be considered received the next business day.

TRANSCRIPTS

The appellant is responsible for filing the complete, original hearing transcript with the Commission not later than 60 days after filing the Claim for Review.  The Commission will not accept faxed copies of transcripts.  Copies of the transcript must be served on all opposing parties.  Ref:  Section 861a(5).  Beginning January 1, 1999, the court reporting service will file the ordered original and all copies upon the appellant for distribution.  The court reporting service will no longer file transcripts directly with the Commission.

EXTENSION OF TIME FOR FILING TRANSCRIPTS

Extensions of time will be considered if requested prior to the expiration of the above due dates, and will normally be granted on good cause shown.  The first extension shall be granted automatically for 60 days.  If extension requests are not timely, an Order to Show Just Cause will be issued.

BRIEFS

The appellant's brief is due not later than 30 days after the complete transcript is filed.  If the hearing was not recorded, the brief is due within 90 days after the Claim for Review is filed.  Ref:  Section 861a(5); Rules 5 and 6.

REPLY BRIEFS

Reply briefs (optional) are due not later than 30 days after receipt of the appellant's brief.  Ref:  Section 861a(6); Rule 6.

CROSS APPEALS

Parties may file a Claim for Review (clearly labeled "cross" at the top of the Form BWC-262) not later than 30 days after the appellant's brief is received.  The cross-appellant's brief is also due 30 days after the appellant's brief is received.  A party filing a cross appeal shall attach an affidavit stating the date on which the appellant's brief was received.  A reply to the cross appeal (optional) is due 30 days after the cross appellant's brief is filed.  Cross appeals are derivative; if the appeal is withdrawn or dismissed, the cross appeal is extinguished.  Ref:  Section 861a(6) and (7); Rules 4 and 6.

Delayed cross appeals will not be accepted.  An extension of time in which to file a reply brief does not extend the time in which to file a cross appeal.  Ref:  Rules 4(3) and 8.

SUPPLEMENTAL BRIEFS

A party may submit a supplemental brief, directing the Commission to current developments in the law, at any time after the initial pleadings are filed.

EXTENSION OF TIME FOR FILING BRIEFS

Extensions of time will be considered only if requested prior to the expiration of the above due dates and for sufficient cause shown.  The Commission discourages such requests.  Demonstrating sufficient cause requires a detailed explanation that the brief cannot be filed on a timely basis for extraordinary and unexpected reasons.  If appellant fails to timely file its brief or an extension request, an Order to Show Cause will be issued.  If appellee fails to timely file its brief or an extension request, its brief will not be considered.

MOTIONS

All motions shall be in writing.  A party opposing a motion shall have 14 days from the filing of the motion in which to respond.  A motion representing facts not contained in the record adopted by the magistrate must be accompanied by an affidavit setting forth the relevent facts.  Ref:  Rule 7.

PROOF OF SERVICE

All pleadings and papers filed with the Commission must be served upon all other parties to the action.  Proof of service may be by written acknowledgment of service, affidavit of the person making the service, a statement regarding the service verified by oath or affirmation of the party or of someone having knowledge of the service or including the following signed and dated declaration:  "I declare that the statements above are true to the best of my information, knowledge and belief."  The Michigan Rules of Court, particularly MCR 2.107(d) and 2.114(a) may be consulted for guidance.

REDEMPTIONS

The Commission urges parties on appeal not to request return of a file to the Board for a redemption hearing while settlement negotiations are still ongoing or tentative.  Such requests serve only to delay resolution of the appeal.  It is equally important, however, for the Commission to be promptly informed of actual settlement agreements.  When a settlement agreement has been reached, all parties to the appeal should send a stipulation or joint letter (or each party should sent its own letter) indicating that the settlement has been reached.  Once this information is provided to the Commission, the file shall be returned to the Board immediately for the redemption hearing.

THESE GUIDELINES ARE SUBMITTED FOR YOUR CONVENIENCE.  YOU SHOULD NOT RELY EXCLUSIVELY ON THESE GUIDELINES, BUT SHOULD CONSULT ALL APPLICABLE STATUTES AND RULES.

The Commission will accept the following filings by e-mail through its website (wcacinfo@michigan.gov):  regular correspondence, transcript extension requests, brief extension requests and other motions.  All other filings must be by fax and/or mail, including claims for review, briefs and attachments.  The Commission will not accept faxed copies of transcripts.