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

EDWARD L MURRAY, Employee

VETERANS AFFAIRS, Employer

UNEMPLOYMENT INSURANCE DECISION
Hearing No. 10002144MD


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 June 11, 2010
murraed2 . usd : 115 : 1 : PC 711

/s/ James T. Flynn, Chairperson

/s/ Robert Glaser, Commissioner

/s/ Ann L. Crump, Commissioner

MEMORANDUM OPINION


Two department determinations were dated and mailed on March 16, 2010:

ID# 100204762 (Hearing No. 10002143MD)-finding that the employee had quit with no qualifying exception and denying benefits as a result
ID# 100204752 (Hearing No. 10002144MD)-reducing the amount of the employee's benefits due to pension payments

Each determination stated on its face that it would become final unless a written appeal was postmarked or received by March 30, 2010.

Each determination stated the following on its reverse side (emphasis in original):

WHERE TO FILE AN APPEAL

ON-LINE:     http://dwd.wisconsin.gov/uibola/onlineappeal.htm

MAIL:           MADISON HEARING OFFICE
                            3319 W BELTLINE HWY
                            3RD FLOOR
                            MADISON, WI 53713
FAX:             (608) 266-8180

Wisconsin Administrative Code § DWD 140.01(1) provides that "an appeal as to any matter in a determination is a request for hearing and shall be filed with the department [of workforce development] by the appellant or its representative."

Wisconsin Administrative Code § DWD 140.01(2)(b) provides that an appeal of a department determination, other than an appeal by an interstate claimant, is required to be filed at a department unemployment insurance office, hearing office, or the central administrative office of the bureau of legal affairs, unemployment insurance division.

The employee decided to file his appeals of the department determinations online. However, instead of utilizing the online address provided in the determination, the employee utilized the Labor and Industry Review Commission website and filed his appeals as petitions for commission review of workers compensation appeal tribunal decisions.

The Labor and Industry Review Commission is not one of the agencies/offices named in the administrative code, or in the determinations mailed to the employee, at which an appeal of a department determination may be filed.

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). It was certainly within the employee's control to read the determinations when he received them and to note the address to which to direct an online appeal, or to ascertain the addresses of the other entities specified in Wis. Adm. Code § 140.01(2)(b) to which an appeal may be directed. See, Thelen v. Toms Quality Millwork, Inc, UI Hearing No. 99003677MD (LIRC Dec. 22, 1999); Reed v. Matenaer Corp., UI Hearing No. 04602153WB (LIRC April 6, 2004)(within employee's control to read address for appeal stated in determination); In re: James T. Fitzgerald, UI Hearing No. 05600853RC (LIRC March 11, 2005)(within employee's control to read appeal instructions in determination, including address to which an appeal must be sent); Christoph v. Stanley Steemer Carpet, UI Hearing No. 03609740WK (OIRC Jan. 27, 2004)(appeal required to be mailed to address stated on determination and within employee's control to do so).

The employee has failed to offer a reason beyond his control for his untimely appeal of the department determinations.



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