12. Misconduct

Banks v Ford Motor Co – 12.06

Banks v Ford Motor Co
Digest no. 12.06

Section 29(1)(b)

Cite as: Banks v Ford Motor Co, 123 Mich App 250 (1983).

Appeal pending: No
Claimant: John L. Banks
Employer: Ford Motor Company
Docket no.: B79 06738 67680
Date of decision: February 10, 1983

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COURT OF APPEALS HOLDING: “Disqualification may be based on an assault connected with the claimant’s work, even though the reasons for the assault are not related to the work.”

FACTS: “At approximately 10:45 p.m. on January 22, 1979, the claimant had entered the plant parking lot prior to beginning work on his shift. Another employee was moving his car from one space in the lot to another prior to finishing work on his shift. The claimant’s vehicle was struck by the vehicle driven by the other employee. The claimant and the other employee each got out of his car. While the other employee apologized, claimant opened a penknife and struck him with it in the neck and chest.”

DECISION: The claimant is disqualified for assault and battery.

RATIONALE: “(T)he assault occurred on company property. The assailant and his victim were both employees of Ford and were both at the plant to work. Under the Worker’s Disability Compensation Act of 1969, the injuries to the victim of the claimant’s assault arose out of and in the course of employment. MCL 418.301 (1)(3); MSA 17.237 (301)(1)(3). See Queen v General Motors Corp, 38 Mich App 630 (1972); Brady v Clark Equipment Co, 72 Mich App 274 (1976). The injury to, and potential for injury to, the employer’s interests is evident in the present case.”

Digest Author:  Board of Review (original digest here)
Digest Updated: 11/90