Section 33
PROCEDURE, Dismissal, Lack of prosecution, Disruptive behavior
CITE AS: Sielaff v Ameritech New Media Enterprises, Inc., Wayne Circuit Court No. 99-909348AE (October 14, 1999).
Appeal pending: No
Claimant: Kurt Sielaff
Employer: Ameritech New Media Enterprises Inc.
Docket No. B98-R01-11384-150482W
CIRCUIT COURT HOLDING: Referee did not abuse his discretion when he dismissed appeal for lack of prosecution based on appellant's persistent disruption of the proceedings.
FACTS: Claimant appealed redetermination holding him disqualified for benefits. Claimant obtained assistance of counsel, but no appearance was filed and attorney was not present at the Referee hearing. Claimant became upset when Referee proceeded to conduct the hearing without his attorney present. Claimant disrupted the proceedings and was warned four times to cease interrupting the hearing. When the claimant failed to stop, the Referee dismissed the appeal for failure to prosecute it in an orderly fashion.
DECISION: Affirm Board of Review decision which affirmed Referee rehearing denial and dismissal of appeal for lack of orderly prosecution.
RATIONALE: Board decision not contrary to law and said decision supported by competent, material, substantial evidence. Claimant's behavior was rude and disruptive. He refused to stop acting out even after repeated warnings. Consequently, the Referee acted properly when he dismissed the case and did not abuse his discretion when he denied claimant's rehearing request.
24, 16, d22: k