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Fulton v Ring Screw Division 12.56

Section 29(1)(b)

MISCONDUCT DISCHARGE, Discharge, Connected with the work, Medical leave

CITE AS: Fulton v Ring Screw Division, No. 83174 (Mich App January 13, 1986); lv den 426 Mich 866 (1986).

Appeal pending: No

Claimant: Caroll Fulton

Employer: Ring Screw Division

Docket No: B83 00815 90628W

CIRCUIT COURT HOLDING: Claimant's failure to obey an order of the employer is not disqualifying misconduct when claimant was on a medical leave at the time and the employer suffered no harm as a result.

FACTS: Due to an injury, claimant was placed on a medical leave of absence. Claimant went to the plant to get his vacation check. Employer told claimant that his check was not available at that time because his collection of unemployment benefits required that the check be recalculated. Claimant became angry. When claimant started to exit the building, he was told not to leave through the production area without safety glasses. Claimant refused, and eventually during the heated discussion, shoved the employer.

DECISION: Claimant is not disqualified for misconduct.

RATIONALE: "The board of review concluded that claimant's actions did not rise to the level 'wilful or wanton disregard of [his] employer's interests' which constitutes statutory misconduct because 1) claimant was not working at the time, 2) there was no harm or loss to the employer, and 3) the acts appeared to be an isolated instance of poor judgment. Apparently the board of review based its finding on the spontaneity and relative briefness of the confrontation. We conclude that these findings are supported by competent, substantial and material evidence on the record as a whole and accordingly reverse the circuit court and reinstate the board of review decision. It is not our function, nor is it that of the circuit court, on review to substitute the Court's judgment for that of the administrative agency ..."


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