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

STEVE D BANACH, Employee

KDV LABEL COMPANY INC, Employer

UNEMPLOYMENT INSURANCE DECISION
Hearing No. 01611459WK


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 appeal is dismissed.

Dated and mailed March 11, 2002
banacst . usd : 132  : 1  PC 711

/s/ David B. Falstad, Chairman

/s/ James A. Rutkowski, Commissioner

/s/ Laurie R. McCallum, Commissioner


MEMORANDUM OPINION

The employee has petitioned for commission review of the adverse appeal tribunal decision which dismissed his request for hearing because it was late and the employee did not establish that it was late for a reason beyond the employee's control. The employee indicates that the appeal was filed late because he recorded the appeal deadline on the wrong date on his calendar. However, this explanation establishes no more than simple negligence on the employee's part. The evidence does not establish that the employee's failure to meet the petition deadline was for a reason that was beyond the employee's control. It was within the employee's control to note the appeal deadline on the face of the initial determination and correctly record that date on his calendar. For these reasons, the commission affirms the appeal tribunal decision.

cc: Alan Olson & Associates SC


Note: The decision is reproduced here as modified by a corrective amendment isued on March 29, 2002.

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uploaded 2002/03/15