Pool v R S Leasing, Inc – 16.69

Pool v R S Leasing, Inc
Digest no. 16.69

Section 32a

Cite as: Pool v R S Leasing, Inc, unpublished opinion of the Wayne Circuit Court, issued May 3, 2002, (Docket No. 01-138871-AE).

Appeal pending: No
Claimant: Brinda J. Pool
Employer: R. S. Leasing, Inc.
Docket no.: B2001-08251-159781W
Date of decision: May 3, 2002

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CIRCUIT COURT HOLDING: Where claimant’s late protest was attributable to her parents’ medical problems, good cause for reconsideration was established.

FACTS: On January 2, 2001 claimant received a determination holding her disqualified. The Agency received claimant’s protest on March 12, 2001. The Agency requested an explanation for the untimely protest. Claimant disclosed that she had been out of town because her parents were ill. The Agency denied her request for redetermination. Claimant testified that after she received the determination, she left town to care for her parents, both seriously ill. She thought she would return before the 30-day appeal period expired, but did not return until February 28, 2001. She mailed her protest after the 30-day appeal period expired. She did not mail the protest before leaving town because her main concern was her parents’ health. The Board found she failed to show good cause for her late protest.

DECISION: The claimant demonstrated good cause for her late appeal of the Agency’s determination.

RATIONALE: The plain language of Rule 270(1) provides that the “Rule’s [specific] list of grounds for finding good cause is not exclusive,” and Rule 210(2)(e)(v) provides that “[g]ood cause for late filing of a new, additional, or reopened claim” includes “[p]ersonal physical incapacity or the physical incapacity or death of a relative . . ..” Reading the two Rules together leads to the conclusion good cause was established.

Digest Author: Board of Review (original digest here)
Digest Updated:
11/04