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Labor and Economic Opportunity

Cross Appeal Policy

In accordance with MCL 418.861a (6) and (7) and Rules 792.11317 and 792.11319 the following policy will be strictly adhered to:

Parties must file a Cross Claim for Review (clearly labeled "cross" at the top of the Form WC-262) not later than 30 days after the appellant's brief is received. The cross-appellant's brief is due 30 days after the appellant's brief is received. Rule 1317(1) states: "There shall be a rebuttable presumption that 'receipt of appellant's brief' by all other parties occurred on the date of service or mailing indicated in the proof of service filed by the appellant with the Michigan compensation appellate commission."  A reply, while optional, to the cross appeal is due 30 days after the cross-appellant's brief is filed. Cross appeals are derivative; if the appeal is withdrawn or dismissed, the cross appeal is extinguished. 

Delayed cross appeals will not be accepted. An extension of time in which to file a reply brief does not extend the time in which to file a cross appeal.