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

KIM D SCHILLINGER, Claimant

UNEMPLOYMENT INSURANCE DECISION
Hearing No. 00003426WU


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

Wis. Stat. § 108.09 (6)(a) provides, in relevant part, as follows:

"The department or any party may petition the commission for review of an appeal tribunal decision, pursuant to commission rules, if such petition is received by the department or commission or postmarked within 21 days after the appeal tribunal decision was mailed to the party's last-known address. The commission shall dismiss any petition if not timely filed unless the petitioner shows probable good cause that the reason for having failed to file the petition timely was beyond the control of the petitioner . . ."

Wis. Admin. Code § LIRC 1.02 provides, in relevant part, as follows:

"All petitions for commission review shall be received, or, in unemployment compensation, received or postmarked, within 21 days from the date of mailing of the administrative law judge's findings and decision or order, except as provided under this section. 'Received' means physical receipt. A mailed petition postmarked on or prior to the last day of an appeal period, but received on a subsequent day is not a timely appeal, except in unemployment compensation. All petitions shall be in writing. . ."

Wis. Admin. Code § LIRC 2.01 (1) provides, in relevant part, as follows:

"A petition for commission review of the findings or order of an appeal tribunal decision under s. 108.09 or 108.10, Stats., shall be postmarked or received within 21 days from the date of mailing of the decision to the parties."

The administrative law judge's decision having been dated and mailed on July 19, 2000, the last day on which a timely petition for review could have been filed was August 9, 2000. The claimant filed her petition on May 10, 2001.

The claimant's doctor indicated that because of the claimant's depression she did not attend to businss matters in a timely way. The commission finds that the claimant's doctor's statement is sufficient to establish probable good cause that the claimant's petition for commission review was late for a reason beyond her control.

The commission therefore finds that the petition for commission review was late but that the claimant has shown probable good cause that the reason for having failed to file the petition timely was beyond the claimant's control, within the meaning of Wis. Stat. § 108.09 (6)(a).

DECISION

The petition for review is accepted. This matter is remanded to the hearing office for a hearing before and a decision by an administrative law judge regarding whether the claimant had good cause for failing to appear at the originally scheduled hearing and, provisionally, with respect to the merits of the case.

Dated and mailed July 24, 2001
schilki . upr : 110 : 1  PC 731

/s/ David B. Falstad, Chairman

/s/ James A. Rutkowski, Commissioner


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


uploaded 2001/07/30