Chapter 9 PRESERVATION OF CREDIT WEEKS Section 28a
PRESERVATION OF CREDIT WEEKS, Medical leave
CITE AS: Flier v White Consolidated Industries, Inc., No. 74623 (Mich App, October 19, 1984).
Appeal pending: No
Claimant: Louise J. Flier
Employer: White Consolidated Industries, Inc.
Docket No: B82 13685 RO1 88611W
COURT OF APPEALS HOLDING: Where an individual fails to comply with the specific requirements of Section 28a the individual is ineligible to preserve credit weeks.
FACTS: Claimant was employed in February, 1981, when she was
injured at work. She was unable to work until June, 1981, at which time she was released by her doctor to return to work. After working for three weeks, claimant was again forced to leave work due to illness. She was not permitted to return to work until June, 1982. Immediately after her return to work, claimant was laid off. During claimant's absence from work, she did not apply for unemployment benefits because she had been told by her employer that she could not receive both worker's compensation and unemployment benefits.
DECISION: The claimant is ineligible to preserve her credit weeks.
RATIONALE: "After having reviewed the record and the Board of Review's decision ... we conclude that decision properly applied the specific requirements of the statute, MCL 421.28a; MSA 17.530 (1), as it read at the time of the decision. We therefore conclude that the Board of Review's decision was not contrary to law."