Section 38
PROCEDURE, Appeal, Circuit court review, Final order, Remand
CITE AS: General Motors Corporation v King, Macomb Circuit Court, No. 88-3915-AE (March 14, 1989).
Appeal pending: No
Claimant: Vernon King
Employer: General Motors Corporation
Docket No. B86-09631-104800W
CIRCUIT COURT HOLDING: The Board of Review order remanding the matter to the Referee for additional evidence and a new decision is not a final order and may not be appealed to the circuit court.
FACTS: Claimant appealed a Referee decision holding him disqualified to the Board of Review. The Board majority remanded for additional evidence. The employer sought rehearing of the remand order. The Board denied the request for rehearing. The employer appealed to the circuit court. The MESC moved for summary disposition on the grounds that the Board had not yet issued a final order from which an appeal could be taken.
DECISION: The employer's appeal was dismissed for lack of subject matter jurisdiction.
RATIONALE: "[I]t is clear that there must be a final order or decision of the Board before the Court may review the questions of fact and law presented on appeal. In the instant case the Board remanded the matter to the Referee for the taking of additional evidence. MCL 421.35 expressly provides that the Board is empowered to take such action. Since additional evidence is to be taken and a new decision issued it is obvious the Referee's May 3, 1987 opinion is not a final opinion. GMC's arguments that additional evidence is unnecessary and the Referee's decision should be considered final because it is 'correct as a matter of law' begs the question. The Court does not have authority to address the merits of the appeal and determine whether the decision is supported by competent, material, and substantial evidence or contrary to law until the decision is properly before the Court. It is not the function of the Court to usurp the authority of the Board and deem an opinion final."
7/99
13, 14, 4:C