09. Preservation of Credit Weeks

Flier v White Consolidated Industries, Inc – 9.01

Flier v White Consolidated Industries, Inc
Digest no. 9.01

Section 28a

Cite as: Flier v White Consolidated Industries, Inc, unpublished opinion of the Court of Appeals of Michigan, issued October 19, 1984 (Docket No. B82 13685 RO1 88611W).

Appeal pending: No
Claimant: Louise J. Flier
Employer: White Consolidated Industries, Inc.
Docket no.: B82 13685 RO1 88611W
Date of decision: October 19, 1984

View/download the full decision

COURT OF APPEALS HOLDING: Where an individual fails to comply with the specific requirements of Section 28a the individual is ineligible to preserve credit weeks.

FACTS: Claimant was employed in February, 1981, when she was

injured at work. She was unable to work until June, 1981, at which time she was released by her doctor to return to work. After working for three weeks, claimant was again forced to leave work due to illness. She was not permitted to return to work until June, 1982. Immediately after her return to work, claimant was laid off. During claimant’s absence from work, she did not apply for unemployment benefits because she had been told by her employer that she could not receive both worker’s compensation and unemployment benefits.

DECISION: The claimant is ineligible to preserve her credit weeks.

RATIONALE: “After having reviewed the record and the Board of Review’s decision … we conclude that decision properly applied the specific requirements of the statute, MCL 421.28a; MSA 17.530 (1), as it read at the time of the decision. We therefore conclude that the Board of Review’s decision was not contrary to law.”

Digest Author: Board of Review (original digest here)
Digest Updated: 6/91