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Golembiewski v Kysor Industrial Corporation 16.09

Section 32a

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:



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