Sections 29(1)(e), 29(6)
REFUSAL OF WORK, Good cause, Lack of transportation, Suitable work
CITE AS: Nelson v Beverly Manor, No. 78-296 AE, Genesee Circuit Court (January 10, 1979).
Appeal pending: No
Claimant: Denise A. Nelson
Employer: Beverly Manor
Docket No: B76 12761 54305
CIRCUIT COURT HOLDING: Lack of transportation must be considered in determining both the suitability and good cause elements of refusal of work.
FACTS: The claimant was a nurse's aide on the second shift. She rode to work with a co-worker. Following a medical leave of absence, the claimant was told to report for work on the first shift. Her previous position had been filled. The claimant refused the first-shift offer because she had no transportation for that shift.
DECISION: The claimant is not disqualified for refusal of work.
RATIONALE: The Court held that the decision of the Board of Review, " ... is contrary to law insofar as it totally excludes appellant's lack of available transportation from all consideration in determining both the suitability and good cause elements under Section 29(1)(e) of the Michigan Employment Security Act, Gilliam v Chrysler Corp., 76 Mich App 55 (1977), and for the reason that the same is not supported by competent, material, and substantial evidence on the whole record inasmuch as there is no evidence in the record relative to the full statutory criteria for determining the suitability of offered work under the Michigan Employment Security Act. Chrysler v Losada, 376 Mich 209 (1965); Lasher v Mueller Brass, 62 Mich App 171 (1975); Lyscas, supra."
3, 7, 15:C