MARTHA R ADKINS, Employee
SEVEN OAKS, 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 agrees with the decision of the ALJ, and it adopts the findings and conclusion in that decision as its own.
The decision of the administrative law judge is affirmed. Accordingly, the employer's request for hearing is dismissed, and the department determination remains in effect.
Dated and mailed November 5, 2004
adkinma . usd : 115 : 1
PC 711
/s/ James T. Flynn, Chairman
/s/ David B. Falstad, Commissioner
/s/ Robert Glaser, Commissioner
The standard for excusing a failure to timely appeal a department determination is "reason beyond control." This is a very rigorous standard, and only extraordinary reasons have been found by the commission to satisfy it. See, Jerome Kosmoski, UI Hearing No. S9900245MW (LIRC March 22, 2000). It was certainly within the employer's control to process the determination when it was received and to note the appeal deadline. See, Thelen v. Toms Quality Millwork, Inc, UI Hearing No. 99003677MD (LIRC Dec. 22, 1999).
The employer explains that its appeal was filed after the deadline because the responsible human resources employee did not attend to it prior to her discharge on September 23, 2004, and it was not discovered by other employees until September 27, 2004. However, the actions of its employees, even if they involve neglect or malfeasance, are imputed to the employer, and the commission concludes, as a result, that the employer has failed to offer a reason beyond its control for its untimely appeal.
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uploaded 2004/11/15
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