07. Eligibility - Able & Available

Dow Chemical Co v Quinn – 7.02

Dow Chemical Co v Quinn
Digest no. 7.02

Section 28(1)(c)

Cite as: Dow Chemical Co v Quinn, unpublished opinion of the Midland Circuit Court, issued June 10, 1985 (Docket No. 82-001391-AE-G).

Appeal pending: No
Claimant: Wilbur F. Quinn
Employer: Dow Chemical Company
Docket no.: B74 5033(4) 65240
Date of decision: June 10, 1985

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CIRCUIT COURT HOLDING: An unemployment claim does not prove itself. Claimant has the burden to prove eligibility for unemployment compensation.

FACTS: Claimant successfully established the termination of his labor dispute disqualification. However, claimant did not appear at the Referee hearing with regard to his eligibility. The determination and redetermination were in favor of the claimant. The Board of Review remanded for testimony, but once again the claimant failed to appear. The employer argued that the burden of proof is in claimant to affirmatively provide beyond the application itself that he is eligible.

DECISION: Claimant, having failed to meet his burden, should be denied benefits.

RATIONALE: Citing Ashford v Unemployment Compensation Commission, 328 Mich 428 (1950), the court placed the responsibility on claimant to move forward in support of his claim for unemployment benefits. Claimant cannot rely on the determination or redetermination where the Commission had found him entitled to benefits.

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