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Jones v Showcase 16.22

Section 32a

APPEAL, Good Cause, Timeliness of appeal to Referee

CITE AS: Jones v Showcase, No. 81-103221 AE, Wayne Circuit Court (November 5, 1981).

Appeal pending: No

Claimant: Gwendolyn Jones

Employer: Showcase Corporation

Docket No: B79 07537 67950

CIRCUIT COURT HOLDING: Good cause implies a situation out of the claimant's direct control.

FACTS: The Commission mailed a redetermination on October 12, 1978, which held the claimant disqualified. The claimant requested a Referee hearing on April 9, 1979, based on the fact that she had "just made up [her] mind that racial discrimination was a good and justified reason for quitting."

DECISION: The claimant failed to establish good cause for the untimely appeal.

RATIONALE: Good cause is not defined in the Act. MESC regulation 270(4) lists the following: 1) newly discovered material facts which through no fault of the claimant were not available at the time of the determination 2) when MESC has additional or corrected information 3) when an administrative clerical error has been discovered.

Regulation 210(2)(b) and 270 and Rule 109 also define good cause. Good cause under these rules includes acts of God (such as floods, storms or other natural disasters), work, reliance on a promise of work, or seeking work where a reasonable indication that work is available exists, the closing of MESC offices, physical incapacity, attendance at a funeral, incarceration or jury duty.

"The examples given for good cause in the MESC rules and regulations, while not meant to be definitive or exclusive, clearly imply a situation out of the claimant's direct control. Procedural deadlines would be meaningless if claimants could bring appeals months after the expiration of time limitation simply because they have changed their minds about taking action."


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