The administrative process for the adjudication of worker's disability compensation claims in Michigan is divided amongst the Bureau of Workers' Disability Compensation, the Board of Magistrates (hearing level), and the Workers' Compensation Appellate Commission (appellate level). By statute, these agencies function independently within the Department of Labor & Economic Growth.

Established in 1987 by Public Act 103, the Appellate Commission was created as a remedial measure to reduce or eliminate delays in the appellate process. Five attorneys, appointed by the governor to serve 4-year terms as commissioners, constitute the Commission. One commissioner is designated as chairperson and has general supervisory control over staff and operations. Classified employees provide support for the commissioners.

After a decision and order has been made and an order written (by a member of the Board of Magistrates or the director of the Bureau of Workers' Disability Compensation) regarding a claim for disability benefits, vocational rehabilitation, or a redemption agreement, any party disagreeing with the written order has 30 days from the mailed date (15 days from the mailed date of a redemption order) to file an appeal with the Commission.

Overall, an appeal takes approximately 8 months to perfect. Transcripts, in most cases, are to be filed within 60 days of the filing date of an appeal. The appealing party's brief is to be filed within thirty days after the transcript has been filed. The appellee's brief is due within 30 days thereafter. However, a 30-day filing extension shall be granted for good cause shown. Demonstrating good cause will require a detailed explanation that the brief cannot be filed on a timely basis for reasons such as health, disaster, or other unexpected event. After these required filings have been received, an appeal is considered "perfected."

Perfected appeals are then taken under active review, with the Commission focusing on only those issues raised by the appealing party or parties. Written opinions are published that provide qualitative and quantitative analyses of the evidence presented to support the magistrate's findings of fact, and/or whether the conclusions of law need to be corrected or clarified.

Any party in disagreement with the commission's findings has 30 days from the mailed date, stamped on the opinion, to request that the record be certified to the Court of Appeals. The request must be made in writing and submitted to the Commission along with the filing fee. Upon expiration of the 30-day appellate window, the Commission's opinion is final and binding on all parties.

To view a graph of the Commission's calendar year claim activity from 1997 through 2007, click the link below.

Claim Activity 1997-2007