05. Denial Periods

Bernabe v Cornerstone AG Enterprises – 5.20

Bernabe v Cornerstone AG Enterprises
Digest no. 5.20

Section 27(o)

Cite as: Bernabe v Cornerstone Ag Enterprises, unpublished opinion of the Van Buren Circuit Court, issued September 14, 1998 (Docket No. 98-44-392-AE-B).

Appeal pending: No
Claimant: Ygnacio Bernabe
Employer: Cornerstone AG Enterprises
Docket no.: B98-01921-147951
Date of decision: September 14, 1998

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CIRCUIT COURT HOLDING: An employee who works outside of the designated season is not ineligible for benefits by operation of the seasonal employment denial period set forth in Section 27(o) of the MES Act.

FACTS: The employer operates a blueberry farm. It applied for and received a seasonal employer designation relative to the period June 14 through September 27, 1997. The claimant worked for the employer ten [10] days longer than the season designated by the Unemployment Agency.

DECISION: The claimant was not ineligible under Section 27(o) and may collect benefits during the denial period if otherwise eligible.

RATIONALE: To be ineligible the employee must only receive wages during the season designated by the Agency. Here, the claimant received wages for ten [10] days beyond that period. Consequently, he does not fit the definition of a “seasonal worker.”

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