The Michigan Workers’ Disability Compensation Appeals Commission overturned a magistrate and ordered ExamWorks to comply with a subpoena that it said the company failed to properly challenge.
The commission said the only acceptable interpretation of Rule 1306(6), which states that disputes over a subpoena “shall be brought by motion,” is that a party is required to file a motion challenging the request for information.
“This is what our case law has rather consistently required and it is what the word ‘shall’ means,” the commission said. “The e...
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