Flier v White Consolidated Industries, Inc – 9.01

Flier v White Consolidated Industries, Inc
Digest no. 9.01

Section 28a

Cite as: Flier v White Consolidated Industries, Inc, unpublished opinion of the Court of Appeals of Michigan, issued October 19, 1984 (Docket No. B82 13685 RO1 88611W).

Appeal pending: No
Claimant: Louise J. Flier
Employer: White Consolidated Industries, Inc.
Docket no.: B82 13685 RO1 88611W
Date of decision: October 19, 1984

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COURT OF APPEALS HOLDING: Where an individual fails to comply with the specific requirements of Section 28a the individual is ineligible to preserve credit weeks.

FACTS: Claimant was employed in February, 1981, when she was

injured at work. She was unable to work until June, 1981, at which time she was released by her doctor to return to work. After working for three weeks, claimant was again forced to leave work due to illness. She was not permitted to return to work until June, 1982. Immediately after her return to work, claimant was laid off. During claimant’s absence from work, she did not apply for unemployment benefits because she had been told by her employer that she could not receive both worker’s compensation and unemployment benefits.

DECISION: The claimant is ineligible to preserve her credit weeks.

RATIONALE: “After having reviewed the record and the Board of Review’s decision … we conclude that decision properly applied the specific requirements of the statute, MCL 421.28a; MSA 17.530 (1), as it read at the time of the decision. We therefore conclude that the Board of Review’s decision was not contrary to law.”

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

Kempf v Michigan Bell Telephone Co – 9.02

Kempf v Michigan Bell Telephone Co
Digest no. 9.02

Section 28a

Cite as: Kempf v Michigan Bell Telephone Co, 137 Mich App 574 (1984); lv den, 424 Mich 857 (1985).

Appeal pending: No
Claimant: Maureen Kempf
Employer: Michigan Bell Telephone Co.
Docket no.: B81 03615 77481
Date of decision: September 17, 1984

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COURT OF APPEALS HOLDING: The purpose of Section 28(a) is to prevent a person from being penalized when the sole cause of the individual’s inability to establish a benefit year is due to a period of continuous disability.

FACTS: Claimant was on a medical leave of absence from December 21, 1979, until December 25, 1980. On December 26, 1980, claimant’s doctor released her to return to work. Three days later, she was dismissed from her job. Claimant was denied unemployment benefits due to insufficient credit weeks.

DECISION: The claimant is eligible to have her credit weeks preserved.

RATIONALE: Since “it was the legislature’s intent to allow a person in plaintiff’s position to come within the purview of section 28a(6), it must be assumed that Section 48‘s provision, which deems a person on a leave of absence not unemployed, was not intended to qualify the terms ‘unemployed’ or ‘unemployment’ as used in subsection 6. Rather, it is the conclusion of this Court that subsection 6’s reference to section 48 was intended to refer only to section 48‘s general provision which deems a person ‘unemployed’ with respect to any week during which he performs services and with respect to which no remuneration is payable to him. According to this provision, plaintiff was ‘unemployed’ while on disability leave.

“This provision requires that plaintiff file her request for preservation of credit weeks ‘within 45 days after the commencement of the unemployment’ unless she is medically unable to, which is not the case here. … When plaintiff went on disability leave she expected to return to work when she was well. Until she lost her job she would have no reason to inquire about or take action under the Michigan Employment Security Act.

“[T]his Court holds that plaintiff has 45 days after her job loss to file her request for preservation of credit weeks. Since plaintiff complied with this requirement, she is entitled to have her credit weeks preserved.”

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