What are the Rules for Vocational Rehabilitation Disputes in Michigan?

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The Rule

Any party may request a vocational rehabilitation hearing before the director or representative, on form WC-104a or form WC-104c, application for mediation or hearing, or an electronic equivalent, and all the following provisions shall apply:

(a) If the director, on his or her own motion, orders a rehabilitation program, then he or she shall notify all parties and, if requested by either party within 15 days, schedule a hearing.

(b) A hearing must be scheduled within a reasonable time, subject to the availability of the director or his or her representative and the parties involved. A request for a hearing must, at a minimum, contain all of the following:

(i) A brief statement of the question concerning rehabilitation.

(ii) If requested by the employer, a citation of the specific instances of the employee’s failure to cooperate in the rehabilitation program or other objections related to a proposed or ordered IWRP.

(iii) If requested by the employee, the type of program requested and the reason for it or other objections related to a proposed or ordered IWRP.

(c) The director or his or her representative, after providing an opportunity to be heard, may issue orders regarding vocational rehabilitation consistent with the act and these rules including R 408.45a(4).

(d) Unless a request for review by the workers’ disability compensation appeals commission is filed by a party within 15 days after the order of the director is mailed, the order shall stand as the order of the agency until further order of the director.

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