Burch v Chapel Hill Cemetery Development
Digest no. 18.08
Authors Note: The holding in this case relies heavily on the discretionary nature of waivers in place at the time of the decision. The legislature made waivers mandatory in October of 2013. This case should not apply to waivers adjudicated after October 26, 2013.
Cite as: Burch v Chapel Hill Cemetery Dev, unpublished opinion of the Ingham Circuit Court, issued November 26, 1990 (Docket No. 88-61881-AE).
Appeal pending: No
Claimant: Ronald Burch
Employer: Chapel Hill Cemetery Development
Docket no.: B87 10225 106685W
Date of decision: November 26, 1990
CIRCUIT COURT HOLDING: When a claimant knew or should have known he was not entitled to the benefits he was receiving the claimant cannot claim administrative clerical error as a basis for restitution waiver.
FACTS: The claimant had been issued a determination which indicated he was entitled to 26 weeks of unemployment benefits. Because of a computer error, the claimant received 45 weeks of benefits. When the Commission discovered claimant had received an additional 19 weeks worth of benefits it sought restitution. The claimant asserted he should be exempt from the restitution requirement because he had received the additional benefits as the result of an administrative clerical error.
DECISION: The claimant was required to make restitution.
RATIONALE: Section 62(a) of the MES Act provides that the Commission may waive restitution. As one of its internal guidelines the Commission provides that it will waive restitution for payment resulting from an administrative clerical error.
While in the instant matter a clerical error had been made it was found that the claimant had actual knowledge he was only supposed to receive 26 weeks of benefits and therefore could not claim to be exempt from the restitution requirement for the remaining 19 weeks.
Digest Author: Board of Review (original digest here)
Digest Updated: 10/2013