Section 32a, 33
APPEAL, Timeliness of appeal to Referee, Negligence, Good cause
CITE AS: Terry v Capitol Area Comprehensive Health Planning Association, No. 74-16447 AE, Ingham Circuit Court (January 30, 1985).
Appeal pending: No
Claimant: Dorothy L. Terry
Employer: Capitol Area Comprehensive Health Planning Association
Docket No: B73 5291 44482
CIRCUIT COURT HOLDING: "Negligence in filing an appeal is not good cause ... "
FACTS: "A review of the record on appeal from the Michigan Employment Security Commission in this case along with briefs by the parties clearly indicates to this Court that Dorothy L. Terry did not file her original appeal within the fifteen day period. That the referee and the appeal board found that good cause did not exist in her delay in filing said appeal."
DECISION: "The claimant's request for an appeal is denied."
RATIONALE: "A careful review of this case and the record indicates that the decision of the appeal board and the referee is supported by competent, material and substantial evidence on the whole record and that said order or decision is not contrary to law."
"Negligence in filing an appeal is not good cause and the record clearly shows that she had no new and material evidence to present on the merits of her claim which would be good cause for a rehearing and it is clear that she was present and had knowledge of her right to appeal based upon the ruling of the referee from the case as he heard it. The mere failure to avail oneself of a right to appeal within the appeal period and later determining that you should appeal, whatever the reason, does not in and of itself constitute good cause."