PROCEDURE, Good cause for reconsideration , Low intelligence
CITE AS: Powser v I.T.T. Automotive Baylock Division, Iosco Circuit Court No. 97-659-AE (June 11, 1998)
Appeal pending: No
Claimant: Robin S. Powser
Employer: I.T.T. Automotive Baylock Division
Docket No. B97-01212-143855
CIRCUIT COURT HOLDING: Although claimant's contention, that he had demonstrably low intelligence and was therefore unable to comprehend the significance of the 30 day limit within which to appeal, might have supported a finding of good cause for reconsideration had it been raised promptly following the initial denial of request for reconsideration, the claimant could not claim ignorance of the filing deadlines when he failed to appeal timely the second time.
FACTS: The Commission issued a determination holding the claimant ineligible for benefits. The claimant protested and the Commission issued a redetermination affirming the determination on September 10, 1996. The claimant did not appeal until November 7, 1996. The Commission issued a Notice of Denial of Request for Reconsideration on November 8, 1996. The claimant failed to protest the November 8, 1996 Notice of Denial until January 6, 1997. The Commission issued a second Notice of Denial on January 15,1997, which the claimant appealed to the Referee. Claimant contended he should be found to have good cause for reconsideration because he was of demonstrably below-average intelligence and was therefore unable to comprehend the significance of the 30 day time limit for filing an appeal.
DECISION: The claimant did not establish good cause for reconsideration.
RATIONALE: "[H]aving lost an appeal of the September 10th determination due to untimeliness without good cause, plaintiff can hardly argue ignorance of the 30 day limit as to his second tardy appeal -- that of the November 8th decision."