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

MICHAEL T BIRD, Employee

REINZ WISCONSIN GASKET CO, Employer

UNEMPLOYMENT INSURANCE DECISION
Hearing No. 05607502MW

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 employer/appellant's request for a rehearing on the merits is granted, and this matter is remanded to the department for further proceedings.

Dated and mailed January 13, 2006
birdmic . usd : 115 : 1  PC 712.5  PC 717

/s/ James T. Flynn, Chairman

/s/ David B. Falstad, Commissioner

/s/ Robert Glaser, Commissioner

MEMORANDUM OPINION


By notice dated September 20, 2005, hearing on the merits of the employee's claim was scheduled to be conducted on October 3, 2005. On September 30, 2005, the employer contacted the department to request postponement of the hearing, explaining that the funeral of a family member of its sole witness was scheduled to be conducted on the same day. The postponement was not granted, and the employer did not appear for the scheduled hearing.

The standard for failing to appear at a hearing is "good cause." This is, a party who misses a hearing is entitled to further hearing if the party establishes good cause for its initial failure to appear. The courts have defined this standard to be "excusable neglect," that is, the neglect a reasonably prudent person might commit in similar circumstances. Kautzman v. Abraham Isaac & Jacob, UI Dec. Hearing No. 98606107MW (LIRC Dec. 23, 1998).

Unlike the fact situation in Coleman v. United Retail, Inc., UI Hearing No. 02607460RC (LIRC March 7, 2003), where the commission ruled that good cause had not been shown due to witness unavailability, here, the scheduling conflict could not reasonably have been anticipated by the employer prior to September 30, a prompt postponement request was made to the department once the death occurred and the funeral was scheduled, and the witness attending the family funeral was the only individual who could have testified for the employer.

Under these circumstances, good cause has been shown and further hearing is merited as a result.

 

cc: Reinz Wisconsin Gasket Co. (Toledo, OH)


[ Search UC Decisions ] - [ UC Digest - Main Index ] - [ UC Legal Resources ] - [ LIRC Home Page ]

uploaded 2006/01/13