REFUSAL OF WORK, Food handler's permit, Condition of employment, Tuberculin test, Recall from medical leave
CITE AS: King v K-Mart Corp, No. 50121 (Mich App April 15, 1981).
Appeal pending: No
Claimant: Rosemary King
Employer: K-Mart Corp
Docket No: B77 3814 55040
COURT OF APPEALS HOLDING: Where a recovered employee refuses to return from medical leave, and fails to obtain a required tuberculin test and food handler's permit, the claimant is disqualified for refusal of work.
FACTS: The claimant took a medical leave of absence because her hands had broken out in a rash. She was later released to return to work, but she refused, saying she lacked the required tuberculin test and food handler's permit.
DECISION: The claimant is disqualified for refusal of work.
RATIONALE: "[A]n employer's request of a claimant that he return to his former position is treated as an offer of suitable employment under (S) 29(1)(e). Allied Building Service Co. v MESC, 93 Mich App 500 (1979)." "Plaintiff's reason for leaving the position no longer existed, and the additional reasons advanced for her failure to return (lack of a required T.B. test and food handler's permit) appear to be excuses rather than reasons, since plaintiff could have obtained the test and permit if she had desired and since it was apparent from the circumstances that sanctions would not be imposed if she had returned to work."
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