Section 32a
PROCEDURE, Rule 270
CITE AS: Hoppe v City of Warren, No. 67671 (Mich App August 26, 1983); lv den 418 Mich 975 (1984).
Appeal pending: No
Claimant: Chester M. Hoppe
Employer: City of Warren
Docket No: SUA78 03015 60728
COURT OF APPEALS HOLDING: The enumerated examples of "good cause" in Rule 270 are not self-limiting. A good faith misunderstanding of agency procedures or reliance upon misinformation or incorrect instructions given a claimant by an MESC employee may constitute good cause; but did not in this case.
FACTS: Claimant retired involuntarily and filed for unemployment benefits. He was held ineligible in a Redetermination issued January 4, 1977. Claimant appealed untimely on December 19, 1977. At the Referee hearing, claimant testified that he failed to read the instructions on the Redetermination concerning the time limit for an appeal. Claimant asserted that he did not appeal timely because he had stopped reporting regularly to the MESC. Claimant relied on erroneous information from MESC personnel when he decided to stop reporting.
DECISION: Affirm Denial of Request for Redetermination or Reconsideration.
RATIONALE: Claimant's failure to appeal timely was not due to a good faith misunderstanding of agency procedures or reliance on erroneous information given by the MESC. The untimely appeal was due to claimant's negligence in failing to read the instructions on the Redetermination relative to preserving his right of appeal.
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