APPEAL, Good cause, Lack of written notice, Personal service of document, Record of receipt, Substantial evidence, Testimony of non-receipt, Timeliness of protest, Verbal notice
CITE AS: Donahoo v Michigan Department of Social Services, No. 79- 17785 AE, Washtenaw Circuit Court (March 3, 1980).
Appeal pending: No
Claimant: Leonard Donahoo
Employer: Michigan Department of Social Services
Docket No: B78 50580 61097
CIRCUIT COURT HOLDING: Where there is no substantial evidence that a party received a copy of a determination, the party has good cause for a late protest.
FACTS: The Commission denied the claimant's late request for a redetermination. The Referee stated:
"The claimant testified that he never received a copy of the determination dated November 30, 1977. However, the Branch Office copy of the Determination (Exhibit #6) indicates that it was personally served on November 30, 1977."
"The claimant stated that even though he was not given a copy of the determination on November 30, 1977, he was verbally advised that it was unfavorable and that he would be sent a copy."
DECISION: The appeal is remanded for a Referee hearing on the merits.
RATIONALE: "Upon reading the Briefs and hearing oral argument in the above cause, the Court finds that there is no competent, material and substantial evidence to support a finding that the Plaintiff/Appellant was ever served with a Determination Notice by the Michigan Employment Security Commission. Absent such evidence, the 20 day statutory appeal period was not and could not have been triggered. The court further finds that the Plaintiff's appeal was timely and/or that he has established good cause for a late appeal."