Labor and Economic Opportunity
The Workers' Disability Compensation Appeals Commission (Commission) created in Executive Reorganization Order No. 2019-13 handles, processes, and decides appeals from orders of the director and the workers' compensation magistrates as provided for under the Worker’s Disability Compensation Act of 1969. The Commission may promulgate rules on administrative appellate procedure for purposes under the act.
To judiciously serve Michigan's employees, employers and insurers by expeditiously addressing and impartially resolving claims for review (appeals) of disputed decisions involving workers' compensation benefits.
The Michigan Workers’ Disability Compensation Appeals Commission now accepts claims for review, transcripts, cross-appeals, motions and briefs (and responses), and general correspondence via upload through the Michigan File Transfer Service (FTS), a secure portal.
The Commission entertains and decides appeals and cross appeals from final orders of the Director of the Workers’ Disability Compensation Agency and from the Workers’ Compensation Board of Magistrates. At its discretion, the Commission may also entertain and decide interlocutory appeals from matters pending before the Board of Magistrates. Appeals from most orders must be filed within 30 days of their mailed date, although certain orders of the Director (redemption review, vocational rehabilitation, fee dispute) must be appealed within 15 days.
Findings of fact by a magistrate will be sustained if supported by competent, material and substantial evidence (CMS) on the whole record. MCL 418.861a. Questions of law are reviewed under a “de novo” standard, meaning the Commission can come to its own independent conclusions on legal issues. Factual review of a Director’s order concerning a redemption is whether he/she has appropriately exercised discretion to reach an order which is “just and proper”. MCL 418.837(3). Conclusions of law reached by the Director are reviewed “de novo”. Pursuant to MCL 418.861b, the Commission may impose sanctions upon a party it deems to have engaged in “vexatious” actions with respect to a workers’ compensation appeal.
Appeals to the Commission commence with the filing of a Claim for Review. The Commission does not hold a new hearing or accept new evidence. Instead, it reviews the transcript of the prior hearing, along with any exhibits or depositions admitted at the hearing. Parties to workers’ compensation appeals are required to submit briefing with respect to their positions on appeal and waive any issue they do not expressly raise in their briefs. The Commission will then issue an opinion explaining their ruling.
A party that disagrees with a final order or decision of the Workers’ Disability Compensation Appeals Commission may appeal to the Michigan Court of Appeals within 30 days after the mailed date of the decision, by filing an application for leave to appeal with the Court. The application is a brief that requests that the Court hear the appeal. Appeals to the Court of Appeals are not automatic. An application for leave to appeal to the Court of Appeals can be filed at any of the Court’s offices throughout the state. Offices are currently located in Detroit, Troy, Grand Rapids, and Lansing. The Michigan Court Rules detail the procedure for filing an application at MCR 7.205.
Workers' Disability Compensation Appeals Commission
P.O. Box 30468
Lansing, MI 48909
Effective August 30, 2021, Physical Location Address for Overnight Mail Delivery:
Workers' Disability Compensation Appeals Commission*
2501 Woodlake Circle
Okemos, MI 48864
*include full office name on all mailings
Business Hours: 8 a.m - 4 p.m. Monday through Friday
NOTE: Email is for questions and information only. The Commission does not accept filings by email. Filings are only accepted by mail, fax, hand delivery or electronic filing via FTS (registered users only).
2021 State of Michigan Holidays
Workers' Disability Compensation Appeals Commission Opinions: This will communicate when opinions are issued by the Commission.
Workers' Disability Compensation Board of Magistrates Opinions: This is a monthly communication providing recent opinions issued by the Board of Magistrates.
Workers' Disability Compensation General Updates: This will include topics such as state average weekly wage update, mileage reimbursement, annual calculation program update and general policy and rule changes.
Rescinds former MOAHR R792-301 - 313 for Board of Magistrates
Rescinds former MOAHR R792-314 - 321 for WDCAC