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

SHARON J WEBBER, Employee

UNEMPLOYMENT INSURANCE DECISION
Hearing No. 04603294MW


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:

FINDINGS OF FACT AND CONCLUSIONS OF LAW

The employee timely requested a hearing on the adverse initial determination in this case and, by March 8, 2004 notice, hearing was scheduled for March 16, 2004 at 8:00 a.m. The employee missed the scheduled hearing, and the issue is whether she had good cause for that failure, within the meaning of Wis. Stat. § 108.09(4). The commission concludes that she did, and so reverses the appeal tribunal decision.

At the same time the employee's unemployment insurance claim was proceeding, she also was engaged in proceedings in a local energy assistance program. Specifically, the employee also had a hearing scheduled in an attempt to obtain energy assistance, and that hearing was on the same date and at the same time as the employee's unemployment insurance hearing. The employee attended the energy assistance hearing and thus missed the unemployment insurance hearing.

By operation of Wis. Stat. § 108.09(4), a party who misses a hearing is entitled to rehearing if the party had good cause for his or her failure to appear. A schedule conflict caused by a hearing before another branch of government or by a quasi-governmental agency, for example, must be considered good cause for a failure to appear at an unemployment insurance hearing.

The commission therefore finds that the employee's failure to appear at the scheduled March 16, 2004 hearing was with good cause, within the meaning of Wis. Stat. § 108.09(4) and Wis. Admin. Code § DWD 140.13.

DECISION

The appeal tribunal decision is reversed. Accordingly, this matter is remanded to the Department of Workforce Development for hearing and decision on the merits.

Dated and mailed August 4, 2004
webbesh2 . urr : 105 : 2    PC 712.5

/s/ James T. Flynn, Chairman

/s/ David B. Falstad, Commissioner

/s/ Robert Glaser, Commissioner

 

NOTE: The commission did not confer with the administrative law judge before determining to reverse the appeal tribunal decision in this case. The commission's reversal is not based upon a differing credibility assessment from that made by the administrative law judge. Rather, as a matter of law, a scheduling conflict with another governmental agency or quasi-governmental agency is good cause for a failure to appear at an unemployment insurance hearing.


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uploaded 2004/08/16