Michigan claimants’ appeals were timely where they filed within six months of event giving rise to cause of action
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Wednesday, May 29, 2019

Michigan claimants’ appeals were timely where they filed within six months of event giving rise to cause of action

By Payroll and Entitlements Editorial Staff

Claimants who filed notices of their intent to file claims or the actual claims themselves within six months of the event giving rise to the cause of action for monetary relief in this case were considered to have provided timely notice. In this instance, the “event giving rise to the cause of action” occurred when the claimants’ tax refunds were seized or their wages were garnished. Their claims did not accrue when they first received the original notices from the agency alleging fraudulent conduct and explaining the effect this allegation would have on their benefits. The appellate court’s decision was affirmed in part as to the claimant who did not file within six months of when his wages were garnished, but was reversed as to the claimants who filed within six months of when their tax refunds were seized. The case was remanded to the appellate court (Grant Bauserman v. UIA, Mich. Sup. Ct., No. 156389, April 5, 2019).

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