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Heath v CPG Products-Fundimensions 9.04

Section 28a

PRESERVATION OF CREDIT WEEKS, Disability, Constructive knowledge of statutes

CITE AS: Heath v CPG Products-Fundimensions, No. 83-3950 AE, Macomb Circuit Court (February 25, 1985).

Appeal pending: No

Claimant: Gloria J. Heath

Employer: CPG Products-Fundimensions

Docket No: B82 02335 82671

CIRCUIT COURT HOLDING: "The public is charged with constructive knowledge of the provisions of statutes of the State of Michigan."

FACTS: The claimant was disabled for nine months prior to her application for benefits and did not know that she was required to preserve her credit weeks pursuant to MCL 421.28(a) within 45 days of the end of her disability or layoff. The information booklet given at the time of her application for benefits failed to contain information regarding preservation of credit weeks.

DECISION: The claimant has insufficient credit weeks to establish a benefit year.

RATIONALE: "The record is clear that claimant had insufficient credit weeks to obtain benefits and failed to apply for preservation of the credit weeks as required by the act. The court cannot say the MESC erred when it merely applied the plain and unambiguous language of the statute in effect at the time of claimant's application for benefits. The excuse for her failure to act that claimant advances on appeal are raised for the first time on appeal and do not state legally sufficient excuses for not complying with the act. The MESC had no duty to inform claimant of the requirement that she preserve her credit weeks. Further, the public is charged with constructive knowledge of the provisions of statutes of the State of Michigan. The failure of the MESC to insert this information in the booklet given to claimant during the time in question does not relieve claimant from constructive notice of the provisions."


3, 9:NA

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