18. Restitution, Waiver, Fraud

MESC v Miller – 18.03

MESC v Miller
Digest no. 18.03

Section 62(a)

Authors Note: The holding in this case relies heavily on the discretionary nature of waivers in place at the time of the decision. The legislature made waivers mandatory in October of 2013.  This case should not apply to waivers adjudicated after October 26, 2013.

Cite as: MESC v Miller, unpublished opinion of the Tuscola Circuit Court, issued June 13, 1983(Docket No. 82-004889 AE).

Appeal pending: No
Claimant: James Miller
Employer: Maiers Motor Freight
Docket no.: B81 97417 80745
Date of decision: June 13, 1983

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CIRCUIT COURT HOLDING: The Board of Review has no statutory authority to waiver restitution under Section 62(a).

FACTS: The claimant was paid benefits pursuant to a Referee’s decision which held the claimant not disqualified under the labor dispute provisions of the Act. The Board of Review reversed the Referee’s decision, but waived the repayment of benefits under Section 62(a).

DECISION: The case is remanded to the MESC to exercise its discretion concerning the waiver of restitution.

RATIONALE: “The Court having carefully reviewed the record and heard oral argument, is of the opinion that neither the Michigan Employment Security Act nor case law gives the Board of Review the right to waive restitution sua sponte and that therefore the decision of the Board of Review waiving restitution on its own initiative is contrary to law.”

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