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

KENNETH H CHANG, Employee

SMARTE CARTE INC WORLD HEADQUARTERS, Employer

UNEMPLOYMENT INSURANCE DECISION
Hearing No. 03600757MW


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, a hearing to take testimony on the merits will be scheduled as soon as possible.

Dated and mailed March 27, 2003
changke . usd : 105 : 1  PC 712.3

/s/ David B. Falstad, Chairman

/s/ James A. Rutkowski, Commissioner

/s/ James T. Flynn, Commissioner

MEMORANDUM OPINION

The commission has affirmed the appeal tribunal decision in this case, for the following reasons. The employer's representative credibly testified that he missed the hearing because he had car trouble. Simply put, that is good cause for missing a scheduled unemployment insurance hearing. The employee argues that, when the employer telephoned the Milwaukee Hearing Office, he was still in Illinois. The employee is assuming that the employer only telephoned the hearing office close to the time of the hearing; the record does not establish that assumption.

The employee also argues that the employer submitted no written evidence to establish that his vehicle in fact broke down. Such is not necessary, given credible testimony from the employer as to that matter.

For these reasons, and for those stated in the appeal tribunal decision, the commission has affirmed that decision.

cc: Smarte Carte, Inc. (St. Paul, Minnesota)


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uploaded 2003/04/04