Proulx v. Horiba Subsidiary, Inc. Digest No. 18.21 Sections 421.27, 421.33(1), 421.54(b), and 421.62(a) Cite as: Proulx v Horiba Subsidiary, Inc, unpublished opinion of the Michigan Compensation Appellate Commission, issued October 1, 2014 (Docket No. 14-00680-241108). Appeal pending: No Claimant: Brian D. Proulx Employer: Horiba Subsidiary, Inc. Docket no.: 14-00680-241108 Date of decision: October 1,… Read More »
DLEG Unemployment Insurance Agency v Darden Digest no. 18.15 Section 62(a) Cite as: DLEG Unemployment Ins Agency v Darden, unpublished opinion of the Oakland County Court, issued October 22, 2004 (Docket No. 04-059568-AE). Appeal pending: No Claimant: Yvonne Darden Employer: Mastanuono & Assoc., Inc. Docket no.: FSC2004-00036-173164W Date of decision: October 22, 2004 View/download the full decision CIRCUIT COURT… Read More »
MESC v Westphal Digest no. 18.13 Section 62(a) Cite as: MESC v Westphal, 214 Mich App 261 (1995). Appeal pending: No Claimants: Larry A. Westphal & Steve G. Bussell Employer: Mueller Brass Co. Docket no.: B92-21862-122898W Date of decision: November 14, 1995 View/download the full decision HOLDING: Where the Agency has issued a determination requiring restitution within three… Read More »
COURT OF APPEALS HOLDING: The provision of finality in Section 32(b) “applies only to whether the employer is entitled to a credit to its rating account and not to benefits paid to the claimant.”
CIRCUIT COURT HOLDING: Where a claimant is awarded back pay by an arbitrator for a contested discharge and he is paid full back pay minus the unemployment insurance benefits he earlier received from the MESC, the employer is liable for restitution to the MESC.
CIRCUIT COURT HOLDING: The Board of Review has no statutory authority to waiver restitution under Section 62(a).
COURT OF APPEALS HOLDING: The 1980 amendment to Section 62(a) is to be given retroactive effect.
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.
BOARD OF REVIEW HOLDING: “[W]here the Commission could only rely on an ‘administrative clerical error’ to order restitution of benefits …”, such error must be specified.
BOARD OF REVIEW HOLDING: Where the employer submits new information concerning credit weeks after the monetary determination has become final and after the claimant has received benefits based on the prior information submitted by the employer, the claimant is not required to repay the benefits improperly paid.