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

MARK A DAVIS, Employee

NEW VISION PROPERTIES LLC, Employer

UNEMPLOYMENT INSURANCE DECISION
Hearing No. 08601027MW


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 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 employee's request for hearing on the merits is dismissed. The initial determination shall remain in effect.

Dated and mailed May 12, 2008
davisma . usd : 132 : 8  PC 711

/s/ James T. Flynn, Chairperson

/s/ Robert Glaser, Commissioner

/s/ Ann L. Crump, Commissioner

MEMORANDUM OPINION

The employee has petitioned for commission review of the adverse appeal tribunal decision which found that the employee failed to file a timely request for hearing and did not establish that his request for hearing was late for a reason beyond his control. The employee argues that the ALJ's finding that the U.S. Postal Service returned his appeal letter due to illegibility is mere speculation. The commission has reviewed the envelope and finds the employee's handwriting to be illegible. The only reasonable inference is that the U.S. Postal Service could not read the employee's writing. Further, the employee testified that he is aware that people have a difficult time reading his penmanship. It is the employee's responsibility to address his appeal legibly so that it is deliverable by the Post Office.


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


uploaded 2008/05/27