RESTITUTION, Waiver of restitution, Equity and good conscience
CITE AS: MESC v MillerMESC v MillerMESC v Miller, No. 82-004889 AE, Tuscola Circuit Court (June 13, 1983).
Appeal pending: No
Claimant: James Miller
Employer: Maiers Motor Freight
Docket No: B81 97417 80745
CIRCUIT COURT HOLDING: The Board of Review has no statutory authority to waiver restitution under Section 62(a).
FACTS: The claimant was paid benefits pursuant to a Referee's decision which held the claimant not disqualified under the labor dispute provisions of the Act. The Board of Review reversed the Referee's decision, but waived the repayment of benefits under Section 62(a).
DECISION: The case is remanded to the MESC to exercise its discretion concerning the waiver of restitution.
RATIONALE: "The Court having carefully reviewed the record and heard oral argument, is of the opinion that neither the Michigan Employment Security Act nor case law gives the Board of Review the right to waive restitution sua sponte and that therefore the decision of the Board of Review waiving restitution on its own initiative is contrary to law."