JULIA A PODANY, Employee

BRIGOWATZ INSURANCE GROUP, Employer

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 makes the following:

The initial determination, finding that the employee quit but not for a reason which would allow immediate benefit payment, was issued on June 27, 2002. As such, benefits were denied until the employee met certain requalification requirements. The last date for a timely request for hearing was July 11, 2002. The employee filed her request for hearing on August 13, 2002.

The issue to be decided is whether the employee's failure to file a timely request for hearing was for a reason beyond her control within sec. 108.09 (2r) and (4), Stats.

The employee furnished information from her doctor stating that she was unable to work as of June 25, 2002 "due to residual effects of a cerebral vascular accident and also chronic pain." He noted she had cognitive and communication problems. She indicated she had difficulty reading, writing, and had cognitive difficulties. She was experiencing confusion, disorientation and trouble understanding things. The employee's cerebral vascular accident, or stroke, and its accompanying cognitive impairment, interfered with the employee's ability to file a timely request for hearing, and was beyond the employee's control.

The commission therefore finds that the employee failed to file a timely request for hearing, but that the failure to do so was due to a reason beyond her control within the meaning of Wis. Stat. § 108.09(2n) and (4)(c).

The decision of the administrative law judge is reversed. Accordingly, this matter is remanded for a hearing and decision by an ALJ, with respect to the merits of the case.

Dated and mailed October 8, 2002
podanju . urr : 145 : 8  PC 711

/s/ David B. Falstad, Chairman

/s/ James A. Rutkowski, Commissioner

Laurie R. McCallum, Commissioner

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