Mich. Admin. Code R. 408.31

Current through Vol. 24-21, December 1, 2024

Section R. 408.31 - Definitions

Rule 1.

(1) As used in these rules:

(a) "Act" means the worker's disability compensation act of 1969, 1969 PA 317, MCL 418.101 to 418.941.

(b) "Appearance" means participation in person, or by telephone, video conference, or other electronic means, at any hearing or conference under this act. This definition should not be interpreted to limit the authority of the director or a magistrate to require a party or a witness to appear in person.

(c) "Approved vocational rehabilitation provider" means any person, firm, partnership, corporation, or other legal entity that has submitted form WC-502, or its electronic equivalent, meets the minimum standards as prescribed by the agency for approval, and has been approved by the agency.

(d) "Debit card" means a stored value card issued by a federally insured financial institution that provides a claimant or the dependent of a claimant immediate access for withdrawal or transfer of the claimant's weekly compensation payments through a network of automatic teller machines. "Debit card" includes a card commonly known as a payroll debit card, payroll card, or paycard.

(e) "Electronic equivalent" means a record created, generated, sent, communicated, or received by electronic means.

(f) "Electronic filing" means the process of submitting a document over the internet to the agency, including State of Michigan File Transfer System (FTS), in accordance with the instructions available on the agency's website.

(g) "Electronic service" means the serving of any document by e-mail or electronic file transfer.

(h) "Electronic signature" means an electronic sound, symbol, or process, attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record. Both of the following apply regarding an electronic signature:

(i) An electronic signature may be a graphic representation of the signature.

(ii) The following forms are acceptable: "/s/ John Smith," "/s/ John Smith, Attorney," or "/s/ John Smith, Authorized Representative."

(i) "File Transfer Service" (FTS) means an electronic computer-based system that facilitates the transmission of a computer file through a communication channel provided by the State of Michigan from one computer system to another.

(j) "Forensic vocational evaluation" means an independent, individualized assessment and evaluation process involving the application of specialized knowledge and the use of scientific, technical, or other professional knowledge for the resolution or clarification of issues related to a claim, typically in a legal setting. This is not vocational evaluation as used in R 408.45a or section 319 of the act, MCL 418.319.

(k) "IWRP" means an individualized written rehabilitation plan. An IWRP is a document mutually developed by the vocational counselor and the employee that provides a detailed outline of goals, objectives, responsibilities, and services necessary for successful rehabilitation of the employee. The plan is specific to the individual, reviewed on a regular basis, and updated as provided in R 408.45a(3).

(l) "Return-to-work hierarchy" means a sequence of steps designed to assist an employee with returning to any of the following:

(i) Same job, same employer.

(ii) Modified job, same employer.

(iii) Different job, same employer.

(iv) Same job, different employer.

(v) Different job, different employer.

(vi) Self-employment.

Remedial and retraining services can be applied at any level of the hierarchy to facilitate success.

(m) "Vocational evaluation" means a vocational evaluation under section 319 of the act, MCL 418.319. It is a comprehensive process of gathering and analyzing relevant information such as educational, medical, and vocational history, interests, aptitudes, and vocational assessment results in order to develop recommendations and the IWRP. The vocational evaluation should include a face-to-face interview with the employee.

(n) "Week" as used under section 319 of the act, MCL 418.319, means a 7-day period during which the employee actually participates in vocational rehabilitation services that are part of an approved IWRP.

(2) Unless the context of the rule indicates otherwise, the terms "agency" and "director" have equivalent meaning.

(3) Terms defined in the act have the same meanings when used in these rules.

Mich. Admin. Code R. 408.31

1979 AC; 1980 AACS; 1984 AACS; 1998-2000 AACS; 2021 MR 23, Eff. 12/10/2021