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Dow Chemical Company v Quinn 7.02

Section 28(1)(c)

AVAILABILITY: Burden of proof, Eligibility, Failure to attend Referee hearing

CITE AS: Dow Chemical Company v Quinn, No. 82-001391-AE-G, Midland Circuit Court (June 10, 1985).

Appeal pending: No

Claimant: Wilbur F. Quinn

Employer: Dow Chemical Company

Docket No: B74 5033(4) 65240

CIRCUIT COURT HOLDING: An unemployment claim does not prove itself. Claimant has the burden to prove eligibility for unemployment compensation.

FACTS: Claimant successfully established the termination of his labor dispute disqualification. However, claimant did not appear at the Referee hearing with regard to his eligibility. The determination and redetermination were in favor of the claimant. The Board of Review remanded for testimony, but once again the claimant failed to appear. The employer argued that the burden of proof is in claimant to affirmatively provide beyond the application itself that he is eligible.

DECISION: Claimant, having failed to meet his burden, should be denied benefits.

RATIONALE: Citing Ashford v Unemployment Compensation Commission, 328 Mich 428 (1950), the court placed the responsibility on claimant to move forward in support of his claim for unemployment benefits. Claimant cannot rely on the determination or redetermination where the Commission had found him entitled to benefits.


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