Burch v Chapel Hill Cemetery Development – 18.08

Burch v Chapel Hill Cemetery Development
Digest no. 18.08

Section 62

Authors Note: The holding in this case relies heavily on the discretionary nature of waivers in place at the time of the decision. The legislature made waivers mandatory in October of 2013.  This case should not apply to waivers adjudicated after October 26, 2013.

Cite as: Burch v Chapel Hill Cemetery Dev, unpublished opinion of the Ingham Circuit Court, issued November 26, 1990 (Docket No. 88-61881-AE).

Appeal pending: No
Claimant: Ronald Burch
Employer: Chapel Hill Cemetery Development
Docket no.: B87 10225 106685W
Date of decision: November 26, 1990

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CIRCUIT COURT HOLDING: When a claimant knew or should have known he was not entitled to the benefits he was receiving the claimant cannot claim administrative clerical error as a basis for restitution waiver.

FACTS: The claimant had been issued a determination which indicated he was entitled to 26 weeks of unemployment benefits. Because of a computer error, the claimant received 45 weeks of benefits. When the Commission discovered claimant had received an additional 19 weeks worth of benefits it sought restitution. The claimant asserted he should be exempt from the restitution requirement because he had received the additional benefits as the result of an administrative clerical error.

DECISION: The claimant was required to make restitution.

RATIONALE: Section 62(a) of the MES Act provides that the Commission may waive restitution. As one of its internal guidelines the Commission provides that it will waive restitution for payment resulting from an administrative clerical error.

While in the instant matter a clerical error had been made it was found that the claimant had actual knowledge he was only supposed to receive 26 weeks of benefits and therefore could not claim to be exempt from the restitution requirement for the remaining 19 weeks.

Digest Author: Board of Review (original digest here)
Digest Updated:
 10/2013

Garza v Hilltop Orchards & Nurseries, Inc – 18.05

Garza v Hilltop Orchards & Nurseries, Inc
Digest no. 18.05

Section 62(a)

Cite as: Garza v Hilltop Orchards & Nurseries Inc, unpublished opinion of the Van Buren Circuit Court, issued December 17, 1981 (Docket No. B79 13459 70571).

Appeal pending: No
Claimant: Silvestra J. Garza
Employer: Hilltop Orchards & Nurseries, Inc.
Docket no.: B79 13459 70571
Date of decision: December 17, 1981

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CIRCUIT COURT HOLDING: An administrative clerical error is good cause for a reconsideration of a determination no longer subject to review due to expiration of the protest period.

FACTS: The Commission held that claimant was disqualified and must serve a 13 week requalification period. Claimant’s benefit entitlement was shown reduced from 16 to 3 weeks. After claimant completed requalification requirements, a determination was issued which erroneously showed that claimant was entitled to 16 weeks of benefits rather than 3 weeks. Claimant thus received 16 benefit checks. Upon receipt of information from the employer that an error had been made in claimant’s entitlement, the Commission issued a reconsideration holding that claimant must repay the excess benefits.

DECISION: The claimant must repay the excess benefits.

RATIONALE: “The evidence shows a reduction was contemplated by the Commission but was not consummated. There is no doubt that the Commission determined that [claimant] must wait 13 weeks for her benefits. When [claimant] became entitled to her benefits, the very document which granted 16 weeks of benefits recognized that she had requalified after 13 weeks, but failed to make the required reduction. That the benefits were not reduced according to MCLA 421.29(4); MSA 17.531 (4), can only be attributed to an administrative clerical error, since no new determination or redetermination was made that [claimant] should not have had to fulfill the 13 week requalification period, and it was, therefore, clear that the statutory formula should have been applied. Further, at the point at which the formula should have been applied to reduce the benefit entitlement, the act of reduction is a statutory requirement, not a discretionary decision.”

Digest Author: Board of Review (original digest here)
Digest Updated:
6/91