Ciaramitaro v Modern Hard Chrome Service Digest no. 4.26 Section 48 Cite as: Ciaramitaro v Modern Hard Chrome Service, unpublished opinion of the Macomb Circuit Court, issued November 1, 1996 (Docket No. 96-4644-AE). Appeal pending: No Claimant: Sam P. Ciaramitaro Employer: Modern Hard Chrome Service Docket no.: B91-12323RR-131804W Date of decision: November 1, 1996 View/download the full decision… Read More »
CIRCUIT COURT HOLDING: The claimant was not entitled to establish a benefit year under Section 46a(1), the alternative earnings qualifier, because he owned more than a 50% proprietary interest in the employing unit and Section 46(d) (now 46(g)) controls.
CIRCUIT COURT HOLDING: Payments made to claimant after his separation and after he stopped performing services were severance pay, in light of the fact both parties characterized them as such and claimant had no right to payment in lieu of notice.
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.