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


CANDIS S KOVALASKE, Employee

RIPON ATHLETIC, Employer

UNEMPLOYMENT INSURANCE DECISION
Hearing No. 98004465MD


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 agrees with the decision of the ALJ, and it adopts the findings and conclusion in that decision as its own.

DECISION

The decision of the administrative law judge is affirmed. Accordingly, the employe's request for hearing on the merits is dismissed. The initial determination shall remain in effect.

Dated and mailed February 10, 1999
kovalca.usd : 132 : 1   PC 711

/s/ David B. Falstad, Chairman

/s/ Pamela I. Anderson, Commissioner

/s/ James A. Rutkowski, Commissioner


MEMORANDUM OPINION

The employe has petitioned for commission review of the adverse appeal tribunal decision which dismissed her request for hearing as being late and not for reasons beyond her control. The commission has reviewed the record in the matter and agrees with the appeal tribunal's Findings of Fact and Conclusions of Law. The employe failed to use a zip code when addressing her appeal. The commission has previously held that placing a correct and complete address on an appeal document is within a party's control. Rech v. Emergency Management Services, UI Hearing No. 92606188MW (LIRC May 27, 1993). Since the employe failed to file a timely appeal, and did not establish that her failure to meet the appeal deadline was for a reason beyond her control, the employe is not entitled to a hearing on the merits of her case. Accordingly, no hearing will be held and the initial determination remains in effect.


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