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18. Restitution, Waiver, Fraud

Benczkowski v Ford Motor Co – 18.07

BOARD OF REVIEW HOLDING: “[W]here the Commission could only rely on an ‘administrative clerical error’ to order restitution of benefits …”, such error must be specified.

Benczkowski v Ford Motor Co
Digest no. 18.07

Section 62(a)

Cite as: Benczkowski v Ford Motor Co, unpublished opinion of the Michigan Employment Security Board of Review, issued May 6, 1980 (Docket No. B77 14530 56917).

Appeal pending: No
Claimant: Mary Benczkowski
Employer: Ford Motor Company
Docket no.: B77 14530 56917
Date of decision: May 6, 1980

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BOARD OF REVIEW HOLDING: “[W]here the Commission could only rely on an ‘administrative clerical error’ to order restitution of benefits …”, such error must be specified.

FACTS: The claimant had insufficient credit weeks, but received two benefit checks through Commission error. Wage information from the employer was received late, at 11:30 a.m. on the day of the second benefit payment.

DECISION: No restitution is required; the employer is entitled to a credit for two of the four weeks of benefits.

RATIONALE: “[W]here the Commission could only rely on an ‘administrative clerical error’ to order restitution of benefits, it is the Commission’s duty to explain with particularity what its ‘administrative clerical error’ is. The Commission failed to do so in this case …”

“None of the three exceptions to non-restitution in regulation 205(6) applies to the present case.” “Under Section 29(10) and Regulation 205(6), avoidance of restitution ends with the receipt by the Commission of the employer’s late information.” “Without proof that the check was tendered to the claimant after the Commission’s 11:30 a.m. receipt of the employer’s submission, we conclude that the claimant received the check before 11:30 a.m. on June 9, 1977.” The Commission’s determination denied the employer credit for the first check and allowed credit for the second check. “The employer did not appeal the redetermination.”

Digest Author: Board of Review (original digest here)
Digest Updated:
11/90