Section 29(9)
MISCONDUCT, Negligence, Serious Consequence, Single instance, Truck driver
CITE AS: Golembiewski v Complete Auto Transit, No. 89-1046-AE, Genesee Circuit Court (April 2, 1990).
Appeal pending: No
Claimant: Arthur Golembiewski
Employer: Complete Auto Transit
Docket No: B88 12018 110101
CIRCUIT COURT HOLDING: Claimant's accident occurred for reasons of negligence in that claimant was distracted by a malfunction in his equipment and forgot to lower a ramp. The fact that this single act of negligence caused so much damage does not raise the negligence to the level of misconduct.
FACTS: Claimant worked as an over-the-road driver of a car-hauling truck. On April 12, 1988 the truck which claimant was driving struck an overpass causing damage in excess of $16,000. On April 12, 1988 the employer gave claimant a disciplinary layoff. The accident was caused by claimant's negligence. The claimant had no prior major accidents.
DECISION: Claimant's layoff not for reasons amounting to misconduct pursuant to Section 29(9).
RATIONALE: "Now, I have recognized that the employer says, well, it costs us a lot of money; our insurance rates have probably gone through the roof. How can we forget to lower ramps and hit overpasses? I understand all of that, but you're talking here about misconduct and I don't think it exists. And I think that the Board of Review abused their discretion -- I should say they applied the wrong standard for misconduct, and as a result of it it should be reversed and the benefits paid to the claimant...."
12/91
3, 4, 14:C