INCARCERATION, Day parole
CITE AS: Galaszewski v MESC, No. 64863 (Mich App July 15, 1983).
Appeal pending: No
Claimant: Terry Galaszewski
Employer: GMC Fisher Body Plant #1
Docket No: B79 03879 67143
COURT OF APPEALS HOLDING: Because an order of work release was never issued the claimant was not exempt from disqualification by operation of the day parole provision contained in Section 29(1)(f).
FACTS: The claimant was sentenced to jail for a non-work related offense. During sentencing the judge mentioned he might be amenable to day parole/work release if it was requested. While incarcerated the claimant did petition for and receive day parole so he could attend school. However, no such petition was filed relative to work release.
DECISION: The claimant was disqualified for benefits.
RATIONALE: It is the actuality of work release and not the possibility of it which exempts an incarcerated claimant from disqualification. There being no order granting work release the claimant was disqualified under Section 29(1)(f).
Editor's Note: The Court of Appeals decision contains dicta to the effect that an employer's refusal to participate in work release would not subject a claimant to disqualification if such an order would have been otherwise issued.