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


LAURA R PAGAN-RIVERA, Employee

ONSITE ENGINEERING & MANAGEMENT INC, Employer

UNEMPLOYMENT INSURANCE DECISION
Hearing No. 00607106MW


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 employee's request for hearing on the merits is dismissed. The initial determination remains in effect.

Dated and mailed February 9, 2001
paganla.usd : 105 : 6  PC 749

/s/ David B. Falstad, Chairman

/s/ Pamela I. Anderson, Commissioner

/s/ James A. Rutkowski, Commissioner


MEMORANDUM OPINION

The commission has affirmed the appeal tribunal decision because it agrees with the administrative law judge that the request for hearing was not late for a reason beyond the employee's control. The employee did not file her request for hearing on time, because she thought it would be a waste of time. The statutory standard for a late appeal is "reason beyond control"; that is, if an appeal is late, it must be dismissed unless it was late for a reason beyond the employee's control. The employee's belief that filing an appeal would be a waste of time, though, in no way constitutes a reason beyond control for the late appeal.


NOTE: La LIRC no puede escribir decisiones en otros idiomas. Usted debe consultar con un(a) traductora para enterarse de el detalle de esta decision.

cc: ONSITE COMMERCIAL STAFFING


[ Search UC Decisions ] - [ UC Digest - Main Index ] - [ UC Legal Resources ] - [ LIRC Home Page ]


uploaded 2001/02/09