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FAQ
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How are formal dispute procedures started?
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Answer:
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Most often formal disputes are started when a worker files an application for mediation or hearing (form WC-104A). The law requires that this form include detailed information about the injury. At the time it is filed, the worker must also provide the employer with any medical records relevant to the claim that are in his or her possession. When the application is received by the agency, it is sent to or "served upon" the employer and its insurance carrier. The application will be forwarded to the Michigan Administrative Hearing System for adjudication by a member of the Board of Magistrates. The employer must then file a carrier's response (form WC-251) providing detailed information from its point of view and must send medical records in its possession to the worker or the worker's attorney. Prior to trial, the case may be scheduled for facilitation as a means of amicably resolving the matter. If the case goes to trial, the magistrate will render a written opinion determining the outcome of the claim. Appeal of a decision of a magistrate will be heard by the Michigan Compensation Appellate Commission and may proceed on to the Michigan Court of Appeals or Michigan Supreme Court.
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