08. Filing for Benefits, Reporting

Mitchell v BOC Car Assembly – 8.06

Mitchell v BOC Car Assembly
Digest no. 8.06

Section 28

Cite as: Mitchell v BOC Car Assembly, unpublished opinion of the Ingham County Circuit Court, issued March 29, 1990 (Docket No. 89-63386-AE).

Appeal pending: No
Claimant: Gerald Mitchell
Employer: BOC Car Assembly
Docket no.: B88-05151-108575W
Date of decision: March 29, 1990

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CIRCUIT COURT HOLDING: Claimant’s assertion that he was confused about the proper method of filing is not good cause for failure to file a timely claim.

FACTS: Claimant was temporarily laid off for two weeks. He failed to contact the MESC about filing a claim until a week after he returned to work. The claimant said he was confused as to how to file because he believed he would be contacted and/or would be able to file by mail.

DECISION: Claimant is ineligible for benefits under Section 28(1)(b).

RATIONALE: It was claimant’s responsibility to get clarification about how to file a claim. While the rules and procedures may be confusing, the Agency could not provide information or clarification if claimant did not seek it.

Digest Author: Board of Review (original digest here)
Digest Updated: 7/99