Villella v. Employment Security Commission

Michigan Court of Appeals

Villella v. Employment Security Commission

167 N.W.2d 864, 16 Mich. App. 187, 1969 Mich. App. LEXIS 1339

CourtMichigan Court of Appeals

DecidedFebruary 26, 1969

DocketDocket 4,858

StatusPublished

Cited by4 cases

This text of 167 N.W.2d 864 (Villella v. Employment Security Commission) is published on Counsel Stack Legal Research, covering Michigan Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Villella v. Employment Security Commission, 167 N.W.2d 864, 16 Mich. App. 187, 1969 Mich. App. LEXIS 1339 (Mich. Ct. App. 1969).

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Opinion

Per Curiam.

Guerino Villella, claimant, was denied unemployment compensation benefits because the appeal board of the Michigan employment security commission found that he was discharged for “misconduct connected with work.” Claimant then appealed to the circuit court for the county of Wayne, as provided by PA 1967, No 254, MCLA § 421.38 (Stat Ann 1968 Rev § 17.540). The circuit court, on December 7, 1967, reversed the decision of the appeal board, finding that its decision was contrary to the great weight of the evidence.

An examination of Const 1963, art 6, § 28, and MCLA § 421.38, supra, indicates that the trial judge employed the wrong standard of review, and should have reversed the appeal board only if the board’s decision was not supported by competent, material, and substantial evidence on the whole record. See Williams v. Lakeland Convalescent Center, Inc. (1966), 4 Mich App 477. An examination of the *189 records and briefs discloses that the decision of the appeal board was supported by competent, material and substantial evidence.

Reversed and remanded for reinstatement of the decision of the Michigan employment security commission appeal board. No costs, a public question being involved.

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Per Curiam.

Guerino Villella, claimant, was denied unemployment compensation benefits because the appeal board of the Michigan employment security commission found that he was discharged for “misconduct connected with work.” Claimant then appealed to the circuit court for the county of Wayne, as provided by PA 1967, No 254, MCLA § 421.38 (Stat Ann 1968 Rev § 17.540). The circuit court, on December 7, 1967, reversed the decision of the appeal board, finding that its decision was contrary to the great weight of the evidence.

An examination of Const 1963, art 6, § 28, and MCLA § 421.38, supra, indicates that the trial judge employed the wrong standard of review, and should have reversed the appeal board only if the board’s decision was not supported by competent, material, and substantial evidence on the whole record. See Williams v. Lakeland Convalescent Center, Inc. (1966), 4 Mich App 477. An examination of the *189 records and briefs discloses that the decision of the appeal board was supported by competent, material and substantial evidence.

Reversed and remanded for reinstatement of the decision of the Michigan employment security commission appeal board. No costs, a public question being involved.

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Bluebook (online)

167 N.W.2d 864, 16 Mich. App. 187, 1969 Mich. App. LEXIS 1339, Counsel Stack Legal Research, https://law.counselstack.com/opinion/villella-v-employment-security-commission-michctapp-1969.

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