Section 34, 35
APPEALS, Board of Review, de novo fact finding
CITE AS: Sprowl v Village of Merrill, No. 80822 (Mich App August 25, 1986).
Appeal pending: No
Claimant: Harold Sprowl
Employer: Village of Merrill
Docket No: B82 18119 R01 89984W
COURT OF APPEALS HOLDING: It is within the statutory authority of the Board of Review, solely upon a review of the record, to make findings of fact different from those made by a Referee.
FACTS: A police officer was discharged after he damaged a door in the employer's police department and locked himself in an office for 3 hours while enraged over receiving 2 additional reprimands for other infractions. The MESC Referee found disqualifying conduct. The Board reversed.
DECISION: Claimant is not disqualified under Section 29(1)(b).
RATIONALE: "While neither statute expressly provides that the MESC board of review is to exercise de novo review of a referee's decision, they do give the board of review wide power and authority. We conclude that the Legislature granted the MESC board of review the power of de novo review pursuant to Sections 34 and 35 of the Michigan Employment Security Act, and left to the appeal board to decide whether such de novo review would occur on the basis of only the written record, or whether additional testimony would be taken."
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