Detroit Medical Center Corp v Yff – 17.13

Detroit Medical Center Corp v Yff
Digest no. 17.13

Sections 42, 43(o)

Cite as: Detroit Medical Center Corp v Yff, Emmet Circuit Court, No. 97-4502-AE (June 18, 1998); lv den Mich App No. 213896 (December 30, 1998).

Appeal pending: No
Claimant: Michael Yff
Employer: Detroit Medical Center Corporation
Docket no.: L97-00001-2658
Date of decision: June 18, 1998

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CIRCUIT COURT HOLDING: Even though the primary function of the medical residency was to provide additional training, the claimant functioned as an employee. Furthermore, his services were not statutorily excluded.

FACTS: Claimant filed for unemployment benefits after completing his medical residency. He had worked for employer pursuant to a written contract for his services in exchange for compensation of $30,000+ per year with benefits. He was required by his contract to provide medical services to clients of employer at its facility.

DECISION: Claimant’s services are in covered employment under Section 42 and are not excluded under Section 43(o).

RATIONALE: Section 43(o)(5) does not apply to the claimant, claimant was not involved in an unemployment work-relief or work-training program financed by a governmental entity. Claimant worked under the express direction and control of the employer. Services provided by claimant fit the definition of employment in all pertinent respects.

Digest Author: Board of Review (original digest here)
Digest Updated:
7/99

Ballenger v Michigan Department of Agriculture – 17.12

Ballenger v Michigan Department of Agriculture
Digest no. 17.12

Section 43(o)

Cite as: Ballenger v Michigan Dep’t of Agriculture, unpublished opinion of the Ingham Circuit Court, issued August 10, 1989 (Docket No. 87-60066-AE).

Appeal pending: No
Claimant: William Ballenger
Employer: Michigan Department of Agriculture
Docket no.: B85-13688-RO1-103090W
Date of decision: August 10, 1989

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CIRCUIT COURT HOLDING: Claimant’s employment as the State Racing Commissioner was a major non-tenured policymaking or advisory position and therefore excluded employment under Section 43(o)(iii)(E) of the Michigan Employment Security Act.

FACTS: The claimant was appointed by Governor Milliken to be the Racing Commissioner. He worked in that position from September 1982 until August 1985 when Governor Blanchard appointed a successor. He filed a claim for unemployment benefits.

DECISION: The services the claimant performed were excluded from consideration as employment under the Michigan Employment Security Act. The claimant was ineligible for benefits.

RATIONALE: The claimant was appointed to the position of Racing Commissioner by the Governor. A position is “major” if filled by gubernatorial appointment. The position was not covered by the Civil Service system and as such was non-tenured. The claimant admitted the position was policymaking or advisory. The policymaking/advisory nature of the position was confirmed by the position description submitted by the claimant. Thus the position was a major, non-tenured, policymaking or advisory position and was properly excluded from consideration as covered employment.

Digest Author: Board of Review (original digest here)
Digest Updated:
7/99