Sherwood v Michigan Bell Telephone Co
Digest no. 10.90
Cite as: Sherwood v Michigan Bell Tel Co, Wayne Circuit Court, Docket No. 99-914657AE (October 28, 1999).
Appeal pending: No
Claimant: Thomas Sherwood
Employer: Michigan Bell Telephone Company
Docket no.: B98-07068-149398
Date of decision: October 28, 1999
CIRCUIT COURT HOLDING: Claimant left employment voluntarily without good cause attributable to employer because he did not apply for a leave of absence even after he received a letter from the employer warning him his employment was about to be terminated. Turning in doctor’s notes was not sufficient action to maintain employment.
FACTS: Claimant was injured on the job and was off on a medical LOA from August 1997 to January, 1998, at which time he was assigned to The Toledo office, a 50 mile commute one-way. Claimant was suffering back pain associated with the injury. He provided the employer with doctor’s notes limiting his driving distance and time because driving aggravated his back pain. After failing to report to work for several days, the claimant was terminated. He had not applied for a medical leave of absence. Employer had sent the claimant a warning letter (of impending termination) but the claimant ignored it.
DECISION: The claimant is disqualified for voluntary leaving. Circuit court affirmed Board of Review in its reversal of the Referee decision, albeit for different reasons.
RATIONALE: Claimant initiated his separation by failing to report to work and failing to apply for a medical leave of absence to cover his absences. Claimant had valid medical restrictions but failed to demonstrate that they prevented him from reporting to work.
Digest Author: Board of Review (original digest here)
Digest Updated: 7/99