McKentry v MESC – 7.28

McKentry v MESC
Digest no. 7.28

Section 28(1)(c)

Cite as: McKentry v MESC, 99 Mich App 277 (1980).

Appeal pending: No
Claimant: Bessie McKentry, et al.
Employer: Muskegon Area Intermediate School District
Docket no.: 43884
Date of decision: August 11, 1980

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COURT OF APPEALS HOLDING: “A plain reading of the statute does not indicate that a claimant must be able to perform his last job but only that ‘he is able and available to perform full-time work for which has previously received wages.'”

FACTS: The claimant, a teacher aide, was treated for knee trouble.

“[P]laintiff testified that she could not return to work for defendant school district because she could not stand on her feet all day. However, she also testified that there was work which she had performed in the past which she could still do, such as working for the telephone company or for Misco Corporation.”

DECISION: The claimant is eligible for benefits.

RATIONALE: “The lower court and the administrative agency focused on the fact that the plaintiff could not perform the job she last held with defendant school district in determining that plaintiff was not able and available to perform full-time work. A plain reading of the statute does not indicate that a claimant must be able to perform his last job but only that ‘he is able and available to perform full-time work for which he has previously received wages.'”

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