Bouchard v. Lavdas Enterprises, Inc. – 16.84

Bouchard v. Lavdas Enterprises, Inc.
Digest No. 16.84

Section 421.33(1)

Cite as: Bouchard v Lavdas Enterprises, Inc., unpublished opinion of the Macomb County Circuit Court, issued June 14, 2013 (Docket No. 2012-4168-AE).

Appeal pending: No
Claimant: Patricia J. Bouchard
Employer: Lavdas Enterprises, Inc.
Date of decision: June 14, 2013

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HOLDING: Claimant, through her attorney, was present at the hearing for the purpose of prosecuting her appeal pursuant to MCL 421.33.

FACTS: The Unemployment Insurance Agency issued a redetermination in which it found Claimant ineligible to receive unemployment benefits and ordered Claimant to pay restitution.

Claimant appealed the redetermination and Claimant’s counsel appeared at the hearing without Claimant present. The ALJ held that Claimant was required to appear at the hearing and that her failure to do so constituted a failure to prosecute her appeal pursuant to MCL 421.33. As a result, the ALJ dismissed Claimant’s appeal. The Board of Review affirmed the ALJ’s decision.

DECISION: The decisions of the ALJ and Board of Review are reversed and the case is remanded for a re-hearing before an ALJ.

RATIONALE: Per MCR 2.117(B)(l), “an appearance by an attorney for a party is deemed an appearance by the party. Unless a particular rule indicates otherwise, an act required to be performed by a party may be performed by the attorney representing the party.” Further, MCL 421.31 provides: “any individual claiming benefits in any proceeding before the commission or a court may be represented by counsel or other duly authorized agent.”

Based upon the above-referenced authority, the Court was satisfied that Claimant’s failure to personally appear at the hearing did not constitute a failure to prosecute her appeal.

Digest author: Stephanie Marshak, Michigan Law, Class of 2016
Digest updated: October 20, 2017