APPEAL, Timeliness of request for reconsideration, Delay in checking mail, Negligence, Non receipt of redetermination, Post office box, Request for reconsideration
CITE AS: Golembiewski v Kysor Industrial Corp, No. 76-20218 AE, Kent Circuit Court (August 23, 1978).
Appeal pending: No
Claimant: Hope Golembiewski
Employer: Kysor Industrial Corp.
Docket No: B75 3449 48053
CIRCUIT COURT HOLDING: Where a party uses a post office box for receiving mail, negligence in checking the box is not good cause for reconsideration.
FACTS: A redetermination was mailed to the claimant on December 16, 1974. "On January 13, 1975, appellant filed a statement protesting redetermination and stating, 'I am late with this request because we have post office box and my husband did not pick up the mail.'"
DECISION: The redetermination is final.
RATIONALE: "Twenty-eight (28) days after the redetermination was mailed by the M.E.S.C., appellant filed a request for reconsideration pursuant to Sec. 32a." "Regulation 270 issued by the M.E.S.C. pursuant to the Act defines what constitutes good cause for reconsideration of a prior determination where there has been an untimely filing." "In his decision, the Referee stated:
'The claimant states she and her husband had a post office box since April, 1974. She further states that during this period of time neither she nor her husband went to the post office to pick up their mail. The redetermintion was mailed to the proper address, and the claimant's negligence in not getting the mail is attributable solely to her for her failure to protest timely.'"