Coley v GMC, Oldsmobile Division – 8.07

Coley v GMC, Oldsmobile Division
Digest no. 8.07

Section 28(1)(b)

Cite as: Coley v GMC, Oldsmobile Div, Ingham Circuit Court, No. 88-61653-AE (October 12, 1988).

Appeal pending: No
Claimant: Ruby Coley
Employer: GMC, Oldsmobile Division
Docket nos.: B87-09107-106330W, B87-09106-106331W
Date of decision: October 12, 1988

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CIRCUIT COURT HOLDING: Where a claimant sat on her rights for seven months after relying on a family member’s interpretation of an Agency document, she cannot claim she had good cause for her failure to timely report and file.

FACTS: Claimant was fired by employer on December 13, 1982. She applied for and received benefits for some time. Claimant was denied benefits for period February 20, 1983 through October 22, 1983, due to failure to report and failure to file a continued claim without good cause. Claimant’s position was that she stopped reporting after receiving a determination denying her benefits on or about March 8, 1983. Claimant is illiterate. Her daughter read the determination and advised her she no longer needed to report.

DECISION: Claimant is ineligible for benefits under Section 28(1)(a) and (b).

RATIONALE: Under MESC Rule 210(2)(b) – in order to establish “good cause” claimant must show she acted as a reasonable person in light of all the circumstances. Claimant’s decision not to report was the result of an exercise of free will. There is no separate standard for illiterate claimants. Claimant waited seven months before investigating her rights and responsibilities with respect to the determination. That behavior does not comport with the meaning of good cause.

Digest Author: Board of Review (original digest here)
Digest Updated: 7/99