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Mitchell v BOC Car Assembly 8.06

Section 28

LATE FILING, Good cause, Duty to inquire

CITE AS: Mitchell v BOC Car Assembly, Ingham Circuit Court, No. 89-63386-AE (March 29, 1990).

Appeal pending: No

Claimant: Gerald Mitchell

Employer: BOC Car Assembly

Docket No. B88-05151-108575W

CIRCUIT COURT HOLDING: Claimant's assertion that he was confused about the proper method of filing is not good cause for failure to file a timely claim.

FACTS: Claimant was temporarily laid off for two weeks. He failed to contact the MESC about filing a claim until a week after he returned to work. The claimant said he was confused as to how to file because he believed he would be contacted and/or would be able to file by mail.

DECISION: Claimant is ineligible for benefits under Section 28(1)(b).

RATIONALE: It was claimant's responsibility to get clarification about how to file a claim. While the rules and procedures may be confusing, the Agency could not provide information or clarification if claimant did not seek it.


11, 3: N/A

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