Michigan Compiled Laws

Mich. Comp. Laws § 421.38 (2026)

Review by circuit court; direct appeal of order or decision of administrative law judge; unemployment agency as party; manner of appeal.

✓ current as of July 2026

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MICHIGAN EMPLOYMENT SECURITY ACT

Act 1 of 1936 (Ex. Sess.)

421.38 Review by circuit court; direct appeal of order or decision of administrative law judge; unemployment agency as party; manner of appeal.

Sec. 38.

(1) The circuit court in the county in which the claimant resides or the circuit court in the county in which the claimant's place of employment is or was located, or, if a claimant is not a party to the case, the circuit court in the county in which the employer's principal place of business in this state is located, may review questions of fact and law on the record made before the administrative law judge and the Michigan compensation appellate commission involved in a final order or decision of the Michigan compensation appellate commission, and may make further orders in respect to that order or decision as justice may require, but the court may reverse an order or decision only if it finds that the order or decision is contrary to law or is not supported by competent, material, and substantial evidence on the whole record. Application for review shall be made within 30 days after the mailing of a copy of the order or decision by any method permissible under the rules and practices of the circuit court of this state.

(2) An order or decision of an administrative law judge that involves a claim for unemployment benefits may be appealed directly to the circuit court if the claimant and the employer or their authorized agents or attorneys agree to do so by written stipulation filed with the administrative law judge. An administrative law judge's order or decision involving an employer's contributions or payments in lieu of contributions under this act may be appealed directly to the circuit court based on a written stipulation agreeing to the direct appeal to the circuit court.

(3) The unemployment agency is a party to any judicial action involving an order or decision of the Michigan compensation appellate commission or an administrative law judge.

(4) The decision of the circuit court may be appealed in the manner provided by the laws of this state for appeals from the circuit court.

History: 1936, Ex. Sess., Act 1, Imd. Eff. Dec. 24, 1936 ;-- Am. 1937, Act 347, Imd. Eff. Aug. 5, 1937 ;-- Am. 1939, Act 324, Imd. Eff. June 22, 1939 ;-- Am. 1941, Act 364, Imd. Eff. July 1, 1941 ;-- CL 1948, 421.38 ;-- Am. 1951, Act 251, Imd. Eff. June 17, 1951 ;-- Am. 1967, Act 254, Imd. Eff. July 19, 1967 ;-- Am. 1975, Act 110, Eff. June 8, 1975 ;-- Am. 1977, Act 52, Imd. Eff. July 5, 1977 ;-- Am. 1983, Act 164, Imd. Eff. July 24, 1983 ;-- Am. 1996, Act 503, Imd. Eff. Jan. 9, 1997 ;-- Am. 2011, Act 269, Imd. Eff. Dec. 19, 2011

Compiler's Notes:

For the abolishment of the Michigan compensation appellate commission and establishment of the new unemployment insurance appeals commission and the transfer of certain powers and duties of the Michigan compensation appellate commission to the unemployment insurance appeals commission, see E.R.O. No. 2019-3, compiled at MCL 125.1998.

Notes of Decisions

Cited in 177 cases (16 in the last 5 years), 1949–2025 · leading case: Hodge v. US Security Associates, Inc

Sort: Relevance Newest Treatment

Hodge v. US Sec. Assocs., Inc, 859 N.W.2d 683 (Mich. 2015). · cites it 4× “MCL 421.38 then addresses an appeal from the MCAC to a circuit court: The circuit court.”

Lasher v. Mueller Brass Co., 221 N.W.2d 289 (Mich. 1974). · cites it 10× “He timely appealed to the circuit court pursuant to MCLA 421.38; MSA 17.540. The circuit court found against plaintiff and affirmed the Appeal Board.”

Attorney Gen. v. Pub. Serv. Comm'n, 625 N.W.2d 16 (Mich. Ct. App. 2001). · cites it 2× “§ 421.38; MSA 17.540. ("The [MESC] shall be considered to be a party to any judicial action.”

Sobotka v. Chrysler Corp., 523 N.W.2d 454 (Mich. 1994). · cites it 2× “It has been conclusively determined by the magistrate and by the board that the psychological condition was not related to the employment.”

Lyons v. Emp. Sec. Comm'n, 108 N.W.2d 849 (Mich. 1961). · cites it 4× “Obviously, too, he had hoped his friend's car would continue to serve to transport them 273 miles to Indianapolis, and 273 miles back home each weekend. Disappointed on both these scores, he concluded, "I just couldn't make it, that's all" a conclusion which perhaps a wiser or…”

Emp. Sec. Comm'n v. Gen. Motors Corp., 189 N.W.2d 74 (Mich. Ct. App. 1971). · cites it 7× “" Thus, the narrow issue before us requires an application and interpretation of undisputed facts in determining what is meant by a "layoff" as that word is used in the above-quoted section.”

Totman v. Royal Oak Sch. Dist., 352 N.W.2d 364 (Mich. Ct. App. 1984). · cites it 2× “*124 Section 38 of the Michigan Employemnt Security Act, MCL 421.38; MSA 17.540, provides for circuit court review of appeal board decisions and that such review be "by any method permissible under the rules and practices of the circuit courts of this state”.”

Civil Serv. Comm'n v. Dep't of Labor, 384 N.W.2d 728 (Mich. 1986). · cites it 2× “537, MCL 421.38; MSA 17.540. [124] MCL 423.3; MSA 17.”

Marcellus Wood & Trucking, Inc. v. Michigan Emp. Sec. Comm'n (In Re Marcellus Wood & Trucking, Inc.), 158 B.R. 650 (Bankr. W.D. Mich. 1993). · cites it 5× “See Mich.Comp.Laws Ann. § 421.34. On February 4, 1991, the Board denied the Debtor’s application.”

Park v. Emp. Sec. Comm'n, 94 N.W.2d 407 (Mich. 1959). · cites it 2× “The opinion of the majority of the appeal board, by whose findings of fact we are bound if supported by "the great weight of the evidence" (CLS 1956, § 421.38 [Stat Ann 1957 Cum Supp § 17.540]), accepts the testimony of appellees to the effect that the Canton strike was a part…”

Booker v. Emp. Sec. Comm'n, 120 N.W.2d 169 (Mich. 1963). · cites it 4× “CLS 1956, § 421.38 (Stat Ann 1960 Rev § 17.540). CARR, C.”

Baker v. Gen. Motors Corp., 254 N.W.2d 45 (Mich. Ct. App. 1977). · cites it 2× “An appeal board determination is reviewable for questions of law or *245 fact: it may only be reversed if contrary to the law or unsupported by competent, material and substantial evidence on the whole record.”

Show all 177 citing cases →

— Mich. Comp. Laws § 421.38(1) — 53 cases

Hodge v. US Sec. Assocs., Inc, 859 N.W.2d 683 (Mich. 2015). “MCL 421.38 then addresses an appeal from the MCAC to a circuit court: The circuit court.”

Baker v. Gen. Motors Corp., 297 N.W.2d 387 (Mich. 1980).

Marcellus Wood & Trucking, Inc. v. Michigan Emp. Sec. Comm'n (In Re Marcellus Wood & Trucking, Inc.), 158 B.R. 650 (Bankr. W.D. Mich. 1993). “See Mich.Comp.Laws Ann. § 421.34. On February 4, 1991, the Board denied the Debtor’s application.”

Totman v. Royal Oak Sch. Dist., 352 N.W.2d 364 (Mich. Ct. App. 1984). “*124 Section 38 of the Michigan Employemnt Security Act, MCL 421.38; MSA 17.540, provides for circuit court review of appeal board decisions and that such review be "by any method permissible under the rules and practices of the circuit courts of this state”.”

Korzowski v. Pollack Indus., 539 N.W.2d 741 (Mich. Ct. App. 1995).

— Mich. Comp. Laws § 421.38(2) — 3 cases

Juan M Quintero v. Lrs Inc (Mich. Ct. App. 2018).

Grant Bauserman v. Unemployment Ins. Agency (Mich. Ct. App. 2019).

— Mich. Comp. Laws § 421.38(3) — 4 cases

Paynes v. Detroit Bd. of Educ., 388 N.W.2d 358 (Mich. Ct. App. 1986).

City of Saginaw v. Lindquist, 362 N.W.2d 771 (Mich. Ct. App. 1984).

Int'l Union, United Auto. v. Donovan, 746 F.2d 839 (D.C. Cir. 1984).

James T Atchley v. Checker Motors Corp. (Mich. Ct. App. 2015).

— Mich. Comp. Laws § 421.38(4) — 1 case

Grant Bauserman v. Unemployment Ins. Agency (Mich. Ct. App. 2019).

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