The Workers Compensation Appellate Commission has largely been a reviewing body that rarely offered oral argument. With Governer Granholm's recent appointment of new Appellate Commissioners oral argument is encouraged. The Commission members have announced that oral arguments can be useful in several ways. First, ...
First, oral arguments can help focus the issues presented in cases that pose questions of
keen interest to practitioners and others affected by the developments of worker’s
compensation law. Secondly, it gives the parties an additional opportunity to be heard
and to dialogue with Commission members concerning the facts and issues of the case in
a lively, interactive way which a written brief, by its very nature, cannot. Finally, it gives
Commission members an invaluable opportunity to include the worker’s compensation
bar in a process of exchanging ideas and views in a setting which enhances the level of
understanding, collegiality and cooperation between bench and bar.
Chairperson Reamon wishes to emphasize to those who practice before the Commission
that oral argument can be requested and will be granted liberally on cases which are
deemed appropriate and may also be scheduled on the Commission's own motion.
One of the foundational elements of Governor Granholm’s seven point plan to grow
Michigan's economy is to attract and retain good jobs in Michigan. A companion goal
articulated by DLEG Director David Hollister places high emphasis on the strength of
DLEG’s commitment to better support people with disabilities in the labor market. One
of the practical functions of the Commission is to balance on a case-by-case basis the
competing interests of business and labor in the area of worker’s compensation disputes.
We believe the better way of carrying out that function is by reaching out to our partners,
including the worker’s compensation bar, in the format of regional oral arguments. We
believe this will enable us to stay better informed and in better touch with our partners in
the future. We further believe that this process will inevitably enhance the quality of our
decisions.
Another major goal is to produce consistent, high-quality decisions. By extending to the
worker’s compensation bar the extra dimension of oral argument in appropriate cases, we
fully expect to deepen our understanding of each case. This will in turn assist the process
of full and fair analysis of the appeal record enhancing the quality of our opinions. “We
believe that the process of dialogue with the bar is foundational to whatever success we
as a Commission hope to experience. We sincerely hope that our emphasis on oral
arguments will solidify our relationship and understanding with worker’s compensation
practitioners throughout the state.”
Source: "WCAC Oral Arguments" http://www.michigan.gov/documents/cis_WCAC_Oral_Agruments_95732_7.pdf
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