2009 Michigan Laws 418.274 – Worker’s compensation appellate commission; establishment as autonomous entity; appointment, qualifications, and terms of members; vacancy; reappointment; removal for good cause; designation of chairperson; powers and duties of chairperson; duties of memb
Sec. 274.
(1) The worker’s compensation appellate commission is established as an autonomous entity in the department of labor. The commission shall consist of 7 members appointed by the governor with the advice and consent of the senate. The governor shall appoint the initial members of the commission not later than January 1, 1986 and shall designate 1 of the appointees as the member that will be chairperson. The governor shall appoint only a person determined to be qualified by the qualifications advisory committee under section 209. All members of the commission shall be members in good standing of the state bar of Michigan.
(2) The members of the commission shall be appointed for terms of 4 years. A member who has served for 12 years shall not be reappointed to a new term. A vacancy caused by the expiration of a term shall be filled in the same manner as the original appointment. A member shall not serve beyond the expiration of his or her term unless the qualification advisory committee fails to submit a recommendation to the governor before the expiration of the term. A member may be reappointed. A member appointed to fill a vacancy created other than by expiration of a term shall be appointed for the balance of the unexpired term. A member of the commission may be removed by the governor for good cause which shall be explained in writing. Good cause for removal shall include, but not be limited to, lack of productivity or other neglect of duties.
(3) The governor may designate a member of the commission as the chairperson upon a vacancy occurring in that position. The chairperson of the commission shall have general supervisory control of and be in charge of the employees of the commission and the assignment and scheduling of the work of the commission. The chairperson may also establish productivity standards that are to be adhered to by employees of the commission, the commission, individual members of the commission, and panels of the commission. Each member of the commission shall devote full time to the functions of the commission. Each member shall personally perform the duties of the office during the hours generally worked by officers and employees of the executive departments of the state.
(4) The chairperson of the commission shall serve as chairperson at the pleasure of the governor.
(5) Each member of the commission shall receive an annual salary which shall be not less than the salary paid to worker’s compensation magistrates or hearing referees of the most senior classification and shall be entitled to necessary traveling expenses incurred in the performance of official duties subject to the standardized travel regulations of the state.
(6) The commission may employ the staff it considers necessary to be able to perform its duties under this act which may include legal assistants for the purpose of legal research and otherwise assisting the commission.
(7) The commission is an independent body with the power and authority to review the orders of the director and hearing referees and the orders and opinions of the worker’s compensation magistrates as provided for under this act. The commission may promulgate rules on administrative appellate procedure for purposes under this act.
(8) Except as otherwise provided in subsection (9), matters that are to be reviewed by the commission shall be randomly assigned to a panel of 3 members of the commission for disposition. The chairperson of the commission may reassign a matter in order to ensure timely review and decision of that matter. The decision reached by a majority of the assigned 3 members of a panel shall be the final decision of the commission.
(9) Any matter that is to be reviewed by the commission that may establish a precedent with regard to worker’s compensation in this state as determined by the chairperson, or any matter which 2 or more members of the commission request be reviewed by the entire commission, shall be reviewed and decided by the entire commission.
(10) Opinions of the commission shall be in writing. The commission shall provide for the publication of those opinions.
(11) The department of labor shall provide suitable office space for the commission and employees of the commission.
History: Add. 1985, Act 103, Imd. Eff. July 30, 1985 ;– Am. 1994, Act 271, Imd. Eff. July 11, 1994
Compiler’s Notes: For legislative intent as to severability, see Compiler’s note to MCL 418.213.For abolishment of the qualifications advisory committee and establishment of the new qualifications advisory committee within the worker’s compensation agency, see E.R.O. No. 2003-1, compiled at MCL 445.2011.
Popular Name: Act 317