Section 32a
APPEAL, Final order, Good cause for reconsideration, Notice of denial, Restitution determination, Subsequent claim for benefits
CITE AS: Mracna v Chrysler Corp. No. 80-035-442 AE, Wayne Circuit Court (February 24, 1981).
Appeal pending: No
Claimant: Bruce A. Mracna
Employer: Chrysler Corp.
Docket No: B79 04568 71371
CIRCUIT COURT HOLDING: Where a new claim for benefits triggers a protest of a restitution determination which has become final, the request for reconsideration must be denied.
FACTS: When the claimant filed an application for benefits in February, 1979, he was asked to repay $48.50 to the Commission. He then protested the restitution determination, which was issued in October, 1976.
DECISION: The restitution determination is final.
RATIONALE: "[I]t is apparent that the referee was correct in holding that the appellant had not timely requested the reconsideration of the original determination." "Under Section 32(a)(2) of the Michigan Employment Security Act the appellant seeks to reopen a matter two years beyond the one year limitation period." "It is the opinion of this Court the referee and the Board of Review were correct in their holdings in this matter; therefore, affirms the decision of the Board of Review and dismisses the appellant's appeal for lack of timely prosecution under Section 32(a)(2) of the Michigan Employment Security Act."
11/90
3, 14:NA