STATE OF MICHIGAN

CIVIL SERVICE COMMISSION

 

EMPLOYMENT RELATIONS BOARD

 

 

AN Administrative officer DECISION

MAILING DATE

 

May 29, 2009

In Re Benefits Complaint of Mary Jackson Rabon

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ERB 2009-045

 

 

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BRD 2008-021

 

Appellant:

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Reference No.

2008-01011

Mary Jackson Rabon

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Untimeliness

Procedural Deficiency

Long-Term Disability Plan

 

 

NOTICE

This is a recommended decision of the Employment Relations Board Appeals Officer, the Administrative Officer for the Board.  This decision will be filed with the Civil Service Commission for its review and final action.  Parties need not file additional documents to request the Commission’s review.  The Commission’s final decision may approve, reject, or modify, in whole or in part, the recommendations of the Board’s Administrative Officer.  See Civil Service Commission Rules 1-15.5 and 8-7.4.

Recommended Benefits Decision

The Board’s Acting Administrative Officer, John Gnodtke, considered the application for leave to appeal filed by Appellant Mary Jackson Rabon from the Long-term Disability Plan decision of Benefits Review Officer (BRO) Richard Crittenden denying her benefits complaint.

The BRO’s decision was issued on May 22, 2008.  Appellant filed a timely, but incomplete, application for leave to appeal, which the Board received on June 18, 2008.  A deficiency notice was issued on June 24, 2008, which indicated that Appellant needed to (1) provide the Board with a supplemental filing that identified one of the three required grounds for an appeal, (2) serve a copy of her response on the BRO, (3) provide the Board with proof of service on the BRO, and (4) do these three things by July 8, 2008.

On July 9, 2008, the Board received a supplemental filing from Appellant.  The BRO indicated that his copy arrived on that day also.  I find that I must summarily dismiss Appellant’s application for her failure to timely respond to a deficiency notice.  In addition to being late, her filings did not specifically indicate a ground for appeal as required by the deficiency notice.  

^2Under the authority granted to the Board’s Administrative Officer in Civil Service Commission Rule 8-7.4, Summary Dismissal of Claim or Application, and in Civil Service Regulation 8.05, Employment Relations Board Procedures, §(4)(B)(6), I recommend to the Commission that the application be summarily dismissed for failure to perform properly and timely an act or acts required by the Civil Service Commission Rules or Civil Service Regulations.

 

 

John Gnodtke

Board Administrative Officer

This is a publication of the Michigan Civil Service Commission. The written document, as published at the time it was issued, is the most authoritative source of the actual content and format of the decision.