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

CARL J BARNES SR, Employee

MENOMINEE INDIAN TRIBE, Employer

UNEMPLOYMENT INSURANCE DECISION
Hearing No. 10402311AP


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 a hearing on the merits is dismissed. The department's determination shall remain in effect.

Dated and mailed July 9, 2010
barneca : 132 : 5 :PC 711

/s/ James T. Flynn, Chairperson

/s/ Robert Glaser, Commissioner

Ann L. Crump, Commissioner

MEMORANDUM OPINION

The employee has petitioned for commission review of the appeal tribunal decision which found that he 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 states that he was led to believe by the employer that he was going to get his job back. However, that means the employee made the conscious decision not to file a timely appeal. The employee must establish that his appeal was late for a reason beyond his control. The employee chose not to appeal. He was not prevented from appealing even if he believed he was going to get his job back. If he disagreed with the findings of the determination he should and could have appealed that determination.



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uploaded 2010/08/11