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

FRANK R MASSA, Employee

BINNEMA PLANEVIEW, Employer

UNEMPLOYMENT INSURANCE DECISION
Hearing No. 09403395AP


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 on the merits is dismissed. The determination shall remain in effect.

Dated and mailed February 26, 2010
massafr : 150 : 5 PC 711

/s/ James T. Flynn, Chairperson

/s/ Robert Glaser, Commissioner

/s/ Ann L. Crump, Commissioner

MEMORANDUM OPINION

The employee petitioned the appeal tribunal decision which dismissed his appeal, finding it was not late for a reason beyond his control.

The employee argues that he should be entitled to a hearing on the merits. Specifically, he asserts that he was misadvised by a member of the department prior to receiving the determination, and that this misinformation constituted a reason beyond his control. The misinformation was that when he attempted to speak with the adjudication as part of the investigation process, she was not available and the individual with whom he spoke indicated that he would have 30 days to file an appeal if he disagreed with the determination. Thereafter, the employee received the written determination in the mail. The employee conceded that he did not read "every word" on the determination. However, once the employee received the determination, he had an obligation to read it and note the appeal deadline clearly set forth by it. That determination corrected any possible earlier misinformation.

Under these circumstances, the commission finds that the employee's appeal was not late for a reason beyond his control and the appeal tribunal decision is affirmed.



 

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