16. Procedures/Appeals

Donahoo v. Michigan Department of Social Services & Michigan Employment Security Commission – 16.10

Donahoo v. Michigan Department of Social Services &– Michigan Employment Security Commission
Digest No. 16.10

Section 421.32a(2)

Cite as: Donahoo v Mich Dep’t of Soc Servs, Unpublished opinion of the Washtenaw County Circuit Court, issued February 15, 1980 (Docket No. 79-17785-AE).

Court: Circuit Court of Washtenaw County
Appeal pending: No
Claimant: Leonard Donahoo
Employer: State of Michigan, Department of Social Services
Date of decision: February 15, 1980

View/download the full decision

HOLDING: The Agency’s failure to serve Claimant with a determination notice prevented the 20-day statutory appeal period from triggering. Because the appeal limitation was not triggered, Claimant’s appeal was timely.

FACTS: The order provides no facts, and I could not find the docket, so as to read briefing. One can infer this was a good cause for reopening case under 32a(2) where the claimant appealed after the 20-day (now 30-day) period, but before the one-year statute of limitations. The Agency, one can infer, demurred claimant’s appeal and the adjudicating body (ALJ/MCAC) sustained the Agency’s position that the appeal was not timely. Claimant appealed to the Circuit Court.

DECISION: Because the Agency didn’t send claimant a determination, the court found Claimant had good cause for reopening for lack of adequate notice. The court further held that without a determination by the Agency, Claimant’s appeal window could not be triggered.

RATIONALE: Again, there is only an order, so the rationale is non-existent. One can infer that this hinged on a due process argument. Without proper notice claimant had no way to know the Agency was taking action against him.

Digest author: Travis Miller, Michigan Law, Class of 2018
Digest updated: December 23, 2017