In the matter of the
unemployment benefit claim of
HECTOR FIGUEROA, Employee
Involving the account of
I. R. CONSTRUCTION PRODUCTION CO. INC., Employer
The initial determination held that the employe received dismissal pay covering weeks 4 through 14 and denied benefits for those weeks. The employee appealed and a hearing was scheduled for March 10, 1987. The employee failed to appear. On March 12, the appeal tribunal decision dismissed the employe's appeal.
On March 11, 1987, the employe requested a rehearing explaining that he had misread his notice of hearing to say March 11, 1987. The administrative law judge set aside the first appeal tribunal decision to consider the request for rehearing. On March 26, 1987, he issued a second appeal tribunal decision denying the request for rehearing and reinstating the first appeal tribunal decision. The employe has petitioned the Commission for review.
In his petition, the employe says he appeared for the hearing on March 11, 1987, and waited about 45 minutes before he learned he was a day late for the hearing. He also informed the Commission that he mismarked his calendar.
The employe did appear when he honestly believed the hearing was scheduled. His failure to appear was due to excusable neglect.
The Commission therefore finds that the employe failed to appear at the hearing on March 10, 1987, but that such failure was with probable good cause within the meaning of section 108.09(4) of the statute and Chapter ILHR 140 of the Wisconsin Administrative Code.
Accordingly, the appeal tribunal decision is reversed. The appeal tribunal decision dated March 12, 1987 is set aside. This matter is remanded to the department for further proceeding.
Dated and mailed July 14, 1987
130 : CD3211 PC 712.2
/s/ Hugh C. Henderson, Chairman
Carl W. Thompson, Commissioner
/s/ Pamela I. Anderson, Commissioner
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