[DOWNLOAD] "Bell v. Employment Security Commission" by Supreme Court of Michigan * Book PDF Kindle ePub Free

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eBook details

• Title: Bell v. Employment Security Commission
• Author : Supreme Court of Michigan
• Release Date : January 06, 1960
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 64 KB

Description

Ora H. Bell presented his claim against McInerney Spring & Wire Company, a Michigan corporation, for unemployment compensation following discharge for sleeping on job. Claim denied. On certiorari the decision of the appeal board of the Employment Security Commission was upheld. Plaintiff appeals. Affirmed. SMITH, J. This case involves a discharge for alleged misconduct. The claimant, appellant herein, applied to the McInerney Spring & Wire Company (hereinafter termed the employer) on October 21, 1957, for employment. At the time he was questioned by both the personnel director and the maintenance engineer respecting his physical condition. This was done because the position of fireman in the boiler room, for which he had applied and for which he was hired, was a position of unusual responsibility, carrying pay at a premium rate. The fact of the matter was that claimant had suffered ""an acute heart attack"" some years past. This he did not disclose, and, in response to the specific question on the employment application, ""Have you any physical defects?"" he answered ""No."" Moreover, because of his physical condition he was under the care of a physician and had been ""given medicine for relaxation."" This medicine, he admitted, had the effect of making him sleepy. On October 22, 1957, claimant commenced work as a fireman. Shortly thereafter, on November 1st, he was discharged for sleeping on the job. Subsequently claimant filed an application for benefits under the Michigan employment security act. 1 In a determination issued pursuant thereto he was advised as follows:

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