Wis.LIRC UC Decision: Baldassi, Paul - October 23, 2001 - PC 731 LIRC review, late petition - mis-marked calendar - petitioner read appeal deadline date wrong and mismarked his calendar, showing wrong date - personal circumstances of wife's death, causing petitioner difficulties in concentrating, given as explanation - no probable good cause that late petition was for reason beyond control

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

PAUL A BALDASSI, Employee

THE MASTERSON COMPANY INC, Employer

UNEMPLOYMENT INSURANCE DECISION
Hearing No. 01606808MW

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

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 September 5, 2001, the last day on which a timely petition for review could have been filed was September 26, 2001. The petition for review was filed by fax on September 27, 2001.

The employee states that his petition was late because he read the date wrong and marked the wrong date on his calendar. He explains that he has had a hard time concentrating since his wife's death and asks the commission to give him a second chance. However, while the commission sympathizes with the employee's difficult personal circumstances, he has failed to demonstrate that to file a timely petion was a matter beyond his control.

The commission therefore finds that the petition for commission review was not timely and that the petitioner has not shown probable good cause that the reason for having failed to file the petition timely was beyond the petitioner's control, within the meaning of Wis. Stat. § 108.09 (6)(a).

DECISION

The petition for review is dismissed.

Dated and mailed October 23, 2001
baldapa . upr : 164 : 3 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 2001/10/29