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Policy Directive

Date:    May 19, 2003

 

To:       All Interested Persons

 

From:   Craig Petersen, Deputy Director

             Rick Grattan, Chief Magistrate

 

Re:       Employer/Insurance Coverage Information

 

The Bureau of Workers' Compensation is the statutorily empowered agency in which records of coverage for all employers, whether self insured or insured by an insurance company, are to be filed.  The Bureau's records are the official records concerning coverage, and liability can only be assessed against the  insurer that is on the risk according to the files of the Bureau.[1]  Claims cannot and will not be processed if the information from the litigants does not match the Bureau's records.

 

The carrier on record with the bureau is listed directly below the employer along with their corresponding dates of injury.  If it is a self-insured, the dates of injury are listed directly below the employer. If the Bureau information does not match the information supplied by the claimant or employer, the litigants should immediately contact the Compliance & Employer Records Division at 517.322.1195. 

 

The litigants cannot stipulate to correct insurance coverage or other carriers being on the risk unless and until the proper coverage documentation is submitted to Bureau staff in Lansing for processing.  Carriers who admit to being on the risk must file the appropriate notices with the Bureau before a prior carrier will be relieved from the risk. The Bureau information concerning insurance coverage will stand until one carrier gives proper termination notice and/or another gives proper notice of issuance of a policy.[2]  Terminating carriers should be aware that their risk does not end until 20 days after filing notice of termination with the Bureau.  MCL  418.621(4)(g).[3]

 

Litigants are advised not to wait until the claim is being resolved by green sheet or redemption order to bring this issue to the attention of the Bureau or the Magistrate. 

 

Magistrates are instructed not to resolve a claim until the insurance coverage information is correct and the Notice of Hearing in the file matches the information presented in the order.



[1]See Phillips v County of Iron, 273 Mich 157; 262 NW 656 (1935)

[2]Burhans v Central States Produce Corp, 313 Mich 124 20 NW2d 835 (1945)

[3]Porter v International Industrial Contracting Corp, Royal Insurance Co andCitizens Insurance Co.  1996 ACO #462

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