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Sellers v Chrysler Corp 7.08

Section 28(1)(c)

AVAILABILITY, Reasonable restriction, Seeking work, Smoke and dust, Voluntary retirement, Work history

CITE AS: Chrysler Corp. v Sellers, 105 Mich App 715 (1981)

Appeal pending: No

Claimant: Woodrow W. Sellers

Docket No: B76 9783 RM 58420

Employer: Chrysler Corp.

COURT OF APPEALS HOLDING: Where a retired auto worker excludes auto plants from his or her active work search, to avoid further exposure to smoke and dust, but seeks other work which the individual has performed, the claimant is available for work and seeking work.

FACTS: "Prior to working at Chrysler, claimant had acquired work experience as a service station attendant and janitor. After retiring, claimant sought work at service stations, hospitals and small shops or factories, but he did not seek employment in an auto factory because of his previous exposure to smoke and dust at such jobs." He testified to having sought work three or four times each week.

DECISION: "This case is remanded to the Commission for a hearing at which the claimant's eligibility for benefits, in relation to his pension, will be determined under MCL 421.27(f); MSA 17.529(f)."

RATIONALE: The Court cited McKentry v ESC, 99 Mich App 277 (1980). "According to McKentry, claimant's failure to actively seek a job like his last one does not constitute a material restriction of his availability under the Act. Just as the claimant in McKentry did not actively seek employment as a teacher's aide because it aggravated her physical condition, claimant in the instant case did not actively seek work in a large auto factory because he wished to avoid further exposure to smoke. Viewing the evidence as a whole, we do not find the claimant's failure to apply for auto plant work so significantly impaired his availability for work as to permit reversal." "Viewing the evidence in its entirety, we find that the Board of Review's conclusion regarding the claimant's efforts to secure employment was based upon competent, material and substantial evidence."


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