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Blom v Thermotron Corporation 16.31

Section 38

APPEALS, Court of Appeals, Appeal of right

CITE AS: Blom v Thermotron Corp, 139 Mich App 50 (1984).

Appeal pending: No

Claimant: Sonia Blom

Employer: Thermotron Corp

Docket No: B82 02617 82905

COURT OF APPEALS HOLDING: Since the amendment of GCR 806.1, a party has an appeal by right from an adverse unemployment compensation decision of the Board of Review and the Circuit Court.

FACTS: The claimant lost an appeal of an adverse decision of the Board of Review at the circuit court. The claimant, in turn, appealed pursuant to GCR 806.1 to the Court of Appeals. The employer argued that Lasher v Mueller Brass Co., 392 Mich 221 (1974) did not grant the claimant the right to appeal.

DECISION: Claimant is entitled by right to appeal an adverse ruling of the Board of Review and circuit court to the Court of Appeals pursuant to GCR 1963, 806.1.

RATIONALE: "The Lasher decision, however, is now obsolete, because it was based on language which was formerly contained in GCR 1963, 806.2(4), but which was removed from the rule to avoid the result reached in Lasher. [Citations omitted] ... Under the current version of the rule GCR 1963, 801.1 allows an appeal by right to this court in the circumstances presented here ..."


6, 15, d5:NA

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