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Golembiewski v Complete Auto Transit 12.67

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...."


3, 4, 14:C

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