STATE OF WISCONSIN
LABOR AND INDUSTRY REVIEW COMMISSION
P O BOX 8126, MADISON, WI 53708-8126 (608/266-9850)


KELLI C REISSMANN, Employee

MOHICAN NORTH STAR CASINO, Employer

UNEMPLOYMENT INSURANCE DECISION
Hearing No. 00402963AP


An administrative law judge (ALJ) for the Division of Unemployment Insurance of the Department of Workforce Development issued a decision in this matter. A timely petition for review was filed.

The commission has considered the petition and the positions of the parties, and it has reviewed the evidence submitted to the ALJ. Based on its review, the commission makes the following:

FINDINGS OF FACT AND CONCLUSIONS OF LAW

The Department of Workforce Development's determination in this matter was dated and mailed by the department on August 26, 2000. The last day for postmarking and/or filing a timely appeal was September 11, 2000. On September 6, 2000, the department issued an amended determination to correct a technical error. The employee's request for hearing was a September 5 letter which the employee mailed on September 6 and which the department received on September 7. The appeal listed the number of the August 26 initial determination, and included a second, typewritten page in which the employee simply challenged the department's conclusion of misconduct.

In dismissing the employee's request for hearing, the administrative law judge implicitly reasoned that the employee had to have sent in a second appeal, of the amended determination. The commission disagrees, in the narrow circumstances of this case. First, the employee's appeal on its face is a challenge to the misconduct finding of the initial determination. Second, the amended determination on its face states that it was issued only "to correct a technical error." In these circumstances, the employee's request for hearing, which was a timely appeal from the original determination, was sufficient.

The commission therefore finds that the employee's request for hearing was timely.

DECISION

The appeal tribunal decision is reversed. Accordingly, this matter is remanded to the Department of Workforce Development for hearing and decision on the merits.

Dated and mailed December 20, 2000
reisske.urr : 105 : 1  PC 711

/s/ David B. Falstad, Chairman

/s/ Pamela I. Anderson, Commissioner

/s/ James A. Rutkowski, Commissioner


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