Bouier v. DAFS Indianapolis-Army Military Pay – 16.74

Bouier v. DAFS Indianapolis-Army Military Pay
Digest No. 16.74

Section 421.210 (repealed and replaced by Section 421.32a)

Cite as: Bouier v DAFS Indianapolis-Army Military Pay, unpublished opinion of the Macomb County Circuit Court, issued August 30, 2007 (Docket No. 2007-1505-AE).

Appeal pending: No
Claimant: Everett Bouier, Jr.
Employer: DFAS Indianapolis-Army Military Pay
Date of decision: August 30, 2007

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HOLDING: A claimant must file his application for benefits within the fourteen day grace period under Section 421.210 (repealed and replaced by Section 421.32a).

FACTS: Claimant separated from the military on April 2, 2006. Upon his separation, Claimant was told by his former employer to go to his local employment office. He was also advised that he would not be eligible to receive unemployment benefits. Claimant believed that the purpose for visiting the unemployment office was to find a new job, not to file for unemployment benefits. Because he was unaware of his eligibility, Claimant did not file for benefits until June 18, 2006. On filing, Claimant requested payments backdated to his original separation date of April 2, 2006.

DECISION: Claimant is not eligible for backdating of benefits to his original separation date. Appeal is dismissed.

RATIONALE: Because Claimant failed to file his application for benefits within the fourteen day grace period under Section 421.210 (repealed and replaced by Section 421.32a), Claimant was ineligible to receive benefits backdated to his initial separation. Section 421.210 (repealed and replaced by Section 421.32a) only allows backdating to the claimant’s separation date if the benefit application is timely filed within fourteen days of the Friday after the end of the week in which the claimant became unemployed. The plain language of the Agency’s rules supports this determination.

Digest author: Winne Chen, Michigan Law, Class of 2017
Digest updated: October 11, 2017




Kuprashuk v Greyhound Lines – 8.01

Kuprashuk v Greyhound Lines
Digest no. 8.01

Section 28(1)(b)

Cite as: Kuprashuk v Greyhound Lines, No. 83-334785-AE, unpublished opinion of the Wayne Circuit Court (November 2, 1984).

Appeal pending: No
Claimant: Helen V. Kuprashuk
Employer: Greyhound Lines
Docket no.: B82 02234 82880
Date of decision: November 2, 1984

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CIRCUIT COURT HOLDING: Waiting for the employer to respond to a union grievance and unfamiliarity with Commission filing procedures do not constitute good cause for late filing.

FACTS: The claimant filed her claim late because she had initiated steps to return to her job by filing a grievance which the employer failed to answer immediately and because of unfamiliarity with the Commission filing procedures.

DECISION: The claimant did not have good cause for late filing.

RATIONALE: The Court adopted the decision of the Referee, as affirmed by the Board, which held that “[T]he reasons for [claimant’s] late filing were not contained in Rule 210(2) of the Administrative Rules of the Commission … and in addition, the fact that the claimant alleges unfamiliarity with the Act, and the fact that claimant was waiting for a response to her union grievance, do not constitute justifiable reasons for failing to file a timely claim.”

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