Michigan Unemployment Insurance Agency v. Frank Lucente

Summary

The Court held that the Unemployment Insurance Agency must issue an original determination under MCL 421.62 before issuing a redetermination imposing restitution for overpaid benefits or penalties for fraud. A benefit payment cannot serve as the original determination on fraud, and, absent an employer protest, cannot serve as the basis for a UIA-initiated redetermination establishing an overpayment. Because the Agency issued only determinationless redeterminations, the Court reversed the Court of Appeals.