AVAILABILITY, Ability to work, Lack of counsel, Late appeal, Medical restriction, Request for reopening, Self employment, Sitting, Work history
CITE AS: Bateman v Jackson Industrial Manufacturing Co., No. 80 29462 AE, Kent Circuit Court (May 5, 1980).
Appeal pending: No
Claimant: Robert L. Bateman
Employer: Jackson Industrial Manufacturing Co.
Docket No: B77 10805 RO2 62489
CIRCUIT COURT HOLDING: (1) Where a medical restriction limits an individual to seated work, which the claimant has never performed for wages, the claimant is not able and available for work. (2) Lack of counsel is not good cause for reopening. (3) A late appeal to the Board may be treated as a request for reopening.
FACTS: An equipment painter became medically restricted to seated work, which he had never performed for wages. He appeared before the referee without an attorney. His late appeal to the Board was treated as a request for reopening.
DECISION: The claimant is ineligible for benefits.
RATIONALE: "The Board of Review was within its authority in rejecting the so-called Delayed Appeal for lack of jurisdiction because of untimely filing and did properly refer it back to the Referee for a rehearing."
"The claimant was fully advised of his rights to counsel.."
"[A]fter May 18, 1977 claimant was released and permitted by his doctor to perform 'seated work only.' Claimant did not meet the test of able and available for work requirements. The claimant's testimony at the hearing indicated that all his work experience training and background has been in heavy work active jobs and not seated work."