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.
7/99
11, 3: N/A