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

RUTILIO LARES RAMIREZ, Employee

GREEN BAY DRESSED BEEF LLC, Employer

UNEMPLOYMENT INSURANCE DECISION
Hearing No. 09404157AP


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 employee's request for hearing is dismissed, and the department determination remains in effect.

Dated and mailed January 13, 2010
ramirru . usd : 115 : 5 PC 711

/s/ James T. Flynn, Chairperson

/s/ Robert Glaser, Commissioner

Ann L. Crump, Commissioner

MEMORANDUM OPINION


A department determination denying benefits was dated and mailed on October 9, 2009, and stated on its face that it would become final unless a written appeal was postmarked or received by October 23, 2009. This determination also stated in Spanish that, if a party had questions or wanted related documents translated, he or she should contact the department, and provided a toll-free number and office hours.

The employee's appeal of the determination was postmarked on November 16, and received by the department on November 17, 2009.

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).

The employee explains that his appeal was filed after the deadline because he does not understand or read English.

The commission has consistently held, however, that it is within a party's control to find someone who can read and explain a department determination to them in a manner enabling them to file a timely appeal. See, e.g., Thelen v. Toms Quality Millwork, Inc., UI Hearing No. 99003677MD (LIRC Dec. 22, 1999); In re: Maria Larios, UI Hearing No. 03401809AP (LIRC June 30, 2003); Naser v. Premier Plastics, UI Hearing No. 06602028MW (LIRC April 28, 2006). It should be noted that the department has a translation service, as explained in the determination, and the employee should have been more diligent in requesting those services, or assistance from others in the community.



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uploaded 2010/01/26