Kloha v. Notebaert Constr. & Michigan Employment Security Commission
Digest no. 18.18
Cite as: Kloha v. Notebaert Construction & MESC, unpublished opinion of the Bay County Circuit Court, issued May 2, 1997 (Docket No. 96-4031-AE-B).
Tribunal: Bay County Circuit Court
Appeal Pending: No
Claimant: Alfred H. Kloha
Employer: Notebaert Construction
Docket no. 96-4031-AE-B
Date of decision: May 2, 1997
Holding: In a fraud case the Agency has the burden of proof to establish that claimant knowingly made a false statement or, with intent to defraud, failed to disclose a material fact in order to obtain unemployment benefits. Under the facts of this case the Agency met their burden to establish that claimant committed fraud when he certified that he was “able and available” for work and collected benefits for weeks he was in the hospital recovering from two different surgeries.
Digest author: Steve Gray
Digest updated: 5/15