
    VILLELLA v. EMPLOYMENT SECURITY COMMISSION
    1. Unemployment Compensation — Appeal—Eindings of Pact-Scope of Review.
    Test to be applied by an appellate court in reviewing findings of fact of employment security appeal board is whether the finding is “supported by competent, material, and substantial evidence on the whole record” and reversal because the findings are contrary to the great weight of the evidence applies the wrong standard of review (Const 1963, art 6, § 28; CLS 1961, §421.38).
    2. Costs — Unemployment Compensation.
    No costs are allowed on appeal from employment security appeal board on review of denial of unemployment compensation, a public question being involved.
    Appeal from Wayne, Thomas J. Foley, J.
    Submitted Division 1 January 8,1969, at Detroit.
    (Docket No. 4,858.)
    Decided February 26, 1969.
    Guerino Villella presented his claim for unemployment compensation after being discharged from employment by defendant Detroit Steel Corporation, a Michigan corporation. Employment Security Commission determined he was not eligible, and he appealed. Employment Security Appeal Board affirmed, and plaintiff appealed to Wayne Circuit Court. Appeal board decision reversed. Defendants appeal.
    
      References for Points in Headnotes
    
       48 Am Jur, Social Security, Unemployment Insurance and Retirement Eunds §§ 46, 49.
    £2] 5 Am Jnr 2d, Appeal and Error § 1009.
    
      Reversed and remanded.
    
      Joseph J. Loso, for plaintiff.
    
      Frank J. Kelley, Attorney General, Robert A. Derengoslci, Solicitor General, and E. J. Setlock, Assistant Attorney General, for defendant Michigan Employment Security Commission.
    
      Cross, Wroclc, Miller & Vieson, for defendant Detroit Steel Corporation.
    BEFORE: Lesinski, C. J., and J. H. Gillis and T. M. Burns, JJ.
   Per Curiam.

Guerino Villella, claimant, was denied unemployment compensation benefits because the appeal board of the Michigan employment security commission found that he was discharged for “misconduct connected with work.” Claimant then appealed to the circuit court for the county of Wayne, as provided by PA 1967, No 254, MCLA § 421.38 (Stat Ann 1968 Rev § 17.540). The circuit court, on December 7, 1967, reversed the decision of the appeal board, finding that its decision was contrary to the great weight of the evidence.

An examination of Const 1963, art 6, § 28, and MCLA § 421.38, supra, indicates that the trial judge employed the wrong standard of review, and should have reversed the appeal board only if the board’s decision was not supported by competent, material, and substantial evidence on the whole record. See Williams v. Lakeland Convalescent Center, Inc. (1966), 4 Mich App 477. An examination of the records and briefs discloses that the decision of the appeal board was supported by competent, material and substantial evidence.

Reversed and remanded for reinstatement of the decision of the Michigan employment security commission appeal board. No costs, a public question being involved.  