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DMC Nursing and Convalescent Center v Erhquart 12.92

Section 29(1)(b)

MISCONDUCT, Burden of proof, Hearsay, Business records

CITE AS: DMC Nursing and Convalescent Center v Erhquart, Wayne Circuit Court No. 98-813175-AE (September 22, 1998).

Appeal pending: No

Claimant: Teresa Erhquart

Employer: DMC Nursing and Convalescent Center

Docket No. B97-09643-145970

CIRCUIT COURT HOLDING: Business records may be sufficient to establish a prima facie showing of misconduct and thereby shift the burden of proof to the claimant.

FACTS: The claimant failed to appear for the Referee hearing, however, the employer's human resources coordinator was present. Through the use of business records the human resources coordinator established the claimant had been disciplined for absenteeism and tardiness on numerous occasions. In her statement to the MUA the claimant had indicated her last absence was caused by an illness. The human resources coordinator indicated she was unaware whether the claimant's assertion with respect to her last absence was valid. On this record the Referee concluded the employer had failed to meet its burden of proof and the claimant could not be subject to disqualification under the misconduct provision. The Board of Review affirmed the Referee's finding.

DECISION: The claimant was disqualified for benefits under Section 29(1)(b).

RATIONALE: The human resources coordinator had offered competent and uncontradicted evidence that the claimant had been absent or tardy on 29 days over 11 months. This was sufficient to meet its burden of proof.


22, 16, d24: F

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