Section 38
APPEALS, Circuit Court standard of review
CITE AS: Starr v Southwicke Square Cooperative, No. 102931 (Mich App October 21, 1988).
Appeal pending: No
Claimant: Lora Starr
Employer: Southwicke Square Cooperative
Docket No: B85 12577 101680
COURT OF APPEALS HOLDING: The Circuit Court exceeded its authority in reversing the Board of Review. A reviewing court may reverse the findings made by the Board of Review only if the decision is contrary to law or is not supported by competent, material and substantial evidence on the whole record.
FACTS: Claimant worked as resident manager of a cooperative housing development. Her performance was reviewed by an independent accountant who recommended she be discharged. Claimant eventually resigned because of alleged harassment. The Referee awarded benefits to her but the Board of Review reversed. The Circuit Court reversed the Board "stating, 'ultimately, I guess it's on the basis that this is not spurious, it's not frivolous, and she should be entitled to her unemployment worker's compensation.'"
DECISION: Claimant is disqualified under Section 29(1)(a).
RATIONALE: "This Court has described 'substantial evidence' as 'evidence which a reasoning mind would accept as sufficient to support a conclusion,' adding that '[w]hile it consists of more than a mere scintilla of evidence it may be substantially less than a preponderance of the evidence ...' [citations omitted]. Thus, this Court has acknowledged that it is not the function of a court of review to resolve conflicts in the evidence or to pass on the credibility of witnesses ... [citations omitted] ..."
"Under the limited scope of review applicable to appeals from Board of Review decisions, the circuit court was not at liberty to reverse the Board's decision unless it found that that decision was not supported by competent, material and substantial evidence on the whole record."
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