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Mellor v Pro-Golf of Royal Oak 16.11

Section 32a, 33

APPEALS, Filing appeal, Loss of mail, Manner of filing appeal, Non receipt of determination, Timeliness of appeal to Referee

CITE AS: Mellor v Pro-Golf of Royal Oak, No. 80-205 AE, Macomb Circuit Court (June 19, 1980).

Appeal pending: No

Claimant: Craig Mellor

Employer: Pro-Golf of Royal Oak

Docket No: B78 11552 65901

CIRCUIT COURT HOLDING: Non receipt of a mailed request for appeal is not good cause for late filing of an appeal.

FACTS: "Mr. Mellor claims that on June 19, 1978 he mailed a timely appeal request to the MESC. On July 27, 1978 he personally appeared at the MESC offices and requested a reconsideration of the June 8th redetermination. The MESC contends that it never received the June 19th request and, therefore, the July 27th request was tardy and of no effect."

DECISION: The redetermination is final.

RATIONALE: "The effect of the MESC's nonreceipt of the June 19th letter is governed by King v Calumet & Hecla Corporation, 43 Mich App 319 (1972). The claimant in King had 15 days in which to file an appeal with the MESC Appeal Board. He mailed his appeal on the 15th day and, consequently, the Commission did not receive it until the 15 day appeal period had expired. The King court held that mailing did not constitute filing and that the Commission was justified in denying the claimant's appeal as untimely."

"The MESC contends and the Court agrees that, 'The "good cause" provision was intended to protect those who, absent culpable fault, were unable to present the merits of their case by making a timely request for redetermination or appeal.' Appellee's brief P 10."


14, 15:NA

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