Categories
16. Procedures/Appeals

Liu v. R & E Automated Systems – 16.89

Liu v. R & E Automated Systems
Digest No. 16.89

Section 421.28(1)(c)

Cite as: Liu v R & E Automated Sys, unpublished order of Michigan Compensation Appellate Commission, entered October 28, 2015 (Docket No. 14-032454-244075W).

Appeal pending: Yes
Claimant: Shu Liu
Employer: R & E Automated Systems LLC
Docket no.: 14-032454-244075W
Date of decision: October 28, 2015

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HOLDING: The ALJ’s order should be set aside since the Agency’s initial determination set forth a completely theory of ineligibility than was set forth at the hearing.

FACTS: This case was brought before the Appellate Commission pursuant to the claimant’s appeal from an order denying reopening by an ALJ. The claimant requested a rehearing of the ALJ’s amended decision. The ALJ issued an order denying the reopening.

DECISION: The claimant is not ineligible for benefits. The portion of the ALJ’ s decision that found the claimant ineligible for benefits under Section 28(1)(c) of the Act is reversed.

RATIONALE: The ALJ should have allowed rehearing to at least correct the errors in the amended decision. These issues were the reason the Appellate Commission set the order aside. When the initial determination was made, the issue was framed as “Your non-citizen documentation confirming you are lawfully present in the United States expired on September 17, 2014.” At the hearing, the Agency admitted that the actual issue was that the claimant’s work visa had expired. Since this was a completely different issue than that which is set forth in the determination, the decision should be set aside. The Agency cannot set forth one explanation for ineligibility in a determination, then appear at a hearing on appeal of the determination and proceed on an alternate theory of ineligibility. A claimant cannot be expected to foresee and prepare for an issue other than that which the Agency set forth in its determination. This is contrary to basic due process. For these reasons, the Commission reversed the portion of the ALJ’s decision that found the claimant ineligible for benefits under Section 28(1)(c) of the Act. The claimant is not ineligible under Section 28(1)(c).

Digest Author: Cydney Warburton, Michigan Law, Class of 2017
Digest Updated: 1/6/2016

Categories
16. Procedures/Appeals

Snyder v RAM Broadcasting – 16.34

Snyder v RAM Broadcasting
Digest No. 16.34

Section 29

Cite as: Snyder v RAM Broadcasting, unpublished opinion of the Washtenaw County Circuit Court, issued April 26, 1983 (Docket No. 8223718AE).

Court: Washtenaw Circuit Court
Appeal pending: No
Claimant: Ann Snyder
Employer: RAM Broadcasting
Date of decision: April 26, 1983

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HOLDING: The court held that a hearing notice was deficient under the Administrative Procedures Act and the due process clause of the Michigan and United States Constitutions where (1)  it was not a plain statement  of the matters asserted and (2) even if understandable, was not listed in the notice of hearing as an issue which would be presented before the referee.

FACTS:  Claimant filed a timely appeal after the Agency disqualified her from benefits under the Voluntary Quit provision of Section 29(1)(a).  During her hearing, testimony was taken regarding her availability to work and efforts to obtain a job during the period in which she claimed benefits. As a result, she was found disqualified for benefits under Section 29(1)(a) and the seeking work provision of Section 28.  On appeal, the claimant sought reversal of the of the judge’s finding on the “seeking work” issue.  She alleged that she did actively seek employment and was denied a fair hearing on this issue in violation of the Michigan Employment Security Act and the due process clause of the state and federal constitutions.

DECISION: The court held that the hearing notice was deficient under the Administrative Procedures Act and the due process clauses of the Michigan and United States Constitutions. In addition, the referee’s failure to inform the claimant of all issues he planned to decide during the hearing, along with the consequences of failing to meet her burden of proof violated the fairness requirement of Section 33 of the Michigan Employment Security Act.

RATIONALE: The court found that the hearing notice violated the Administrative Procedures Act (APA) provision requiring “a short and plain statement of the matters asserted.”  Here, the court found that “words and phrases divided by slashes and followed by a string citation . . . do not provide a reasonably understandable notification that an issue will be considered, especially when the notification is intended for a lay person.”  

In discussing the due process requirements under the state and federal constitutions, the court cited Hanson v State Board of Registration, 253 Mich 601, 607 (1931), holding that unless the right is waived, a party before a state agency is “at least entitled to a reasonably definite statement of the charge or charges preferred against the accused.”  Here, the court found that the notice of hearing was not reasonably calculated to inform the claimant of the pendency of the seeking work issue: “Whatever the purpose of this convoluted array of words and slashes, it was not to intelligibly notify the plaintiff that her entire benefits package prior to the hearing date was in jeopardy if she did not affirmatively prove her efforts in search of employment.” Thus, the hearing notice was deficient under the APA and the Michigan and United States constitutions.

The court further held that Ms. Snyder was denied a fair hearing where she was not apprised of all the issues the referee intended to decide, along with the consequences of the plaintiff’s failure to carry her burden of proof.  As a result, Ms. Snyder’s hearing violated the fairness requirement of Section 33 of the Act.

Digest author: Laura Page, Michigan Law, Class of 2018
Digest updated: December 1, 2017

Categories
07. Eligibility - Able & Available

Woodall Industries Inc. v. Tracy – 7.38

Woodall Industries Inc. v. Tracy
Digest No. 7.38

Section 421.28

Cite as: Woodall Industries Inc. v. Tracy, unpublished opinion of the Oakland County Circuit Court, issued Sept. 17, 1941 (Docket No. 26150).

Appeal pending: No
Claimant: Marie Tracy
Employer: Woodall Industries, Inc.
Date of decision: September 17, 1941

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HOLDING: The requirement that a claimant be “able to work and available for work” includes the ability to procure transportation to the workplace.

FACTS: Claimant lived twenty-two miles from her place of employment.  Claimant quit voluntarily because she lost access to transportation to the place of employment.  The Claimant re-acquired transportation approximately four months later.  Claimant was denied benefits for the period of time when she was without transportation.

DECISION: As a matter of fact and law, claimant was not “able to work and available to work” during the period when she had no means of transportation.  Claimant was eligible for benefits from the time when she re-acquired transportation that allowed her to travel to her place of employment.

RATIONALE: Eligibility for benefits depends on the ability to travel to the place of employment.*

Digest Author: James Mestichelli, Michigan Law, Class of 2017
Digest Updated: 3/27/2016

*The court used 421.28(c), but that language seems to have been amended. That is why the statutory section cited above is just 421.28.