Dwyer v UCC – 7.04

Dwyer v UCC
Digest no. 7.04

Section 28(1)(c)

Cite as: Dwyer v UCC, 321 Mich 178 (1948).

Appeal pending: No
Claimant: John Dwyer
Employer: Packard Motor Car Co.
Docket no.: B6 18326 5058
Date of decision: May 18, 1948

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SUPREME COURT HOLDING: (1) The claimant has the burden of proof as to eligibility. (2) A person who is genuinely attached to the labor market will make a reasonable attempt to find work.

FACTS: The claimant sought work only 3 or 4 times during 19 months of unemployment. He did not seek police work, which he had performed for 25 years.

DECISION: The claimant is ineligible for benefits.

RATIONALE: “(T)o prevail, the claimant must have sufficient proofs offered in his behalf to establish that he meets the conditions of eligibility. To this extent he has the burden of proof.”

“Whether or not a claimant is in fact available for work depends to a great extent upon his mental attitude, i.e., whether he wants to go to work or is content to remain idle. Indicative of such mental attitude is evidence as to efforts which the person has made in his own behalf to obtain work. A person who is genuinely attached to the labor market and desires employment will make a reasonable attempt to find work and will not wait for a job to seek him out.”

Digest Author: Board of Review (original digest here)
Digest Updated:
11/90