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

DESI INC. 
DEFENSE ELECTRONIC SYSTEMS 
c/o CRAIG T KLUND, Employer

UNEMPLOYMENT INSURANCE CONTRIBUTION LIABILITY DECISION
Account No. 394182, Hearing No. S9900128MD


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 employer's request for a hearing on the merits is dismissed as untimely. No further hearing will be held concerning the merits of the issues raised by this appeal. The department's March 31, 1993 determination shall remain in effect.

Dated and mailed June 1, 2001
klundcr . ssd : 132 : 8  PC 711

/s/ David B. Falstad, Chairman

/s/ James A. Rutkowski, Commissioner

 


MEMORANDUM OPINION

The employer appeals the adverse decision of the administrative law judge that found it failed to file a timely appeal to the adverse March 31, 1993, determination and did not establish that its appeal was late for reason that was beyond its control. First, the commission notes that the only issue before it is whether the employer's appeal was late for a reason beyond its control. Unless the employer establishes that it filed a timely appeal or that its appeal was late for reason beyond its control, the commission has no authority to consider the merits of the case. The employer did not file a timely appeal. The employer maintained that it did not receive the initial determination. However, it is clear from the employer's testimony that if it did not receive the initial determination it was because the employer was in jail and did not have its mail monitored by a responsible person on a regular basis to allow it to promptly respond to any time sensitive documentation sent to it.

cc: 
Craig T. Klund
Gregory A. Frigo


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uploaded 2001/06/08