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Kassawa v MESC 16.49

Section 32a

PROCEDURE, Good cause, Illiteracy

CITE AS: Kassawa v MESC, Wayne Circuit Court No. 84-417205 AE (November 4, 1985).

Appeal pending: No

Claimant: Issam Kassawa

Employer: Joy Safeway

Docket No. B83 17163-R01-94842W

CIRCUIT COURT HOLDING: If an individual has a language problem, he must seek an interpretation from the Commission (now Unemployment Agency) of his rights to the extent necessary for him to understand them. Seeking advice from someone other than Commission personnel is not sufficient if the person giving advice does not explain the whole document.

FACTS: On April 15, 1983, the claimant requested reconsideration of a redetermination. The Commission denied claimant's request for reconsideration the same day. The claimant failed to file a further protest until August 19, 1983. The Commission issued a Notice of Denial of Request for Reconsideration which the claimant appealed to the Referee. The claimant contended he failed to file a timely appeal of the April 15, 1983 Notice of Denial of Request for Reconsideration because he does not read or write English. The claimant took the adjudication to his brother. His brother read it and told the claimant it was "nothing." The claimant continued to report to the Commission but failed to ask for an explanation of his situation until August 19, 1983.

DECISION: The claimant did not establish good cause for reconsideration.

RATIONALE: The claimant's inability to read English is not a sufficient explanation for failing to protest the adjudication. The claimant should have sought an explanation of the adjudication and his status when he reported to the Commission.


14, 15:N/A

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