LOU C VUE, Employee

KELLY SERVICES INC, 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 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 employee's request for a hearing on the merits is dismissed. The department's determination shall remain in effect.

Dated and mailed April 8, 2010
vuelou : 132 : 5 PC 711

/s/ James T. Flynn, Chairperson

/s/ Robert Glaser, Commissioner

/s/ Ann L. Crump, Commissioner

The employee has petitioned for commission review of the appeal tribunal decision which found that the employee failed to file a timely request for hearing and did not establish that her request for hearing was late for a reason beyond her control. The employee states that her request was late because she was not able to reach a claims specialist, does not have a computer and the library is full of patrons using the internet. However, the determination warns parties that the appeal deadline must be met even if a party is unable to contact the department. Further, it is not necessary to have a computer to file a request for hearing. A request for hearing can be filed by fax or by mail. The employee's explanation does not establish that she could not have filed her appeal by fax or mail.

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

uploaded 2010/05/12