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

MARIA LARIOS, Claimant

UNEMPLOYMENT INSURANCE DECISION
Hearing No. 03401809AP


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 claimant's request for hearing is dismissed, and the department's determination shall remain in effect.

Dated and mailed June 30, 2003
larioma . usd  : 115 : 1   PC 711

/s/ David B. Falstad, Chairman

/s/ James T. Flynn, Commissioner

/s/ Robert Glaser, Commissioner

MEMORANDUM OPINION

It is undisputed that the claimant failed to file a timely request for hearing. The claimant attempts to justify this failure by explaining that she does not read and understand English. The standard for justifying an untimely request for hearing is "reason beyond control."  The commission has consistently held that it is within a party's control to find someone who can read and explain a department determination to them. See, e.g., Thelen v. Toms Quality Millwork, Inc., , UI Hearing No. 99003677MD (LIRC Dec. 22, 1999). As the appeal tribunal decision here noted, the department has translation service, and the claimant should have been more diligent in requesting those services, or assistance from others in the community.

The commission therefore finds that the claimant's request for hearing was not timely filed, within the meaning of Wis. Stat. § 108.09 and Wis. Adm. Code § 140.01, and the claimant has not shown that the reason for having failed to file a timely request was beyond her control within the meaning of Wis. Stat. § 108.09(4).

cc: Hispanic Services


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