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

NICHOLAS A KOMLODI, Employee

THE COMPUTER MARKET INC, Employer

UNEMPLOYMENT INSURANCE DECISION
Hearing No. 10612238MW


O R D E R


Wisconsin Statute § 108.09(6)(d), provides that the commission may affirm, reverse, modify or set aside the appeal tribunal decision on the basis of the evidence previously submitted, may order the taking of additional evidence, or it may remand the matter to the department for further proceedings. Pursuant to authority granted in Wis. Stat. § 108.09(6)(d), the commission sets aside the appeal tribunal decision in the above-referenced matter and remands the matter for a hearing and decision.

Dated and Mailed March 22, 2011
PC 712

BY THE COMMISSION:

/s/ Robert Glaser, Chairperson

/s/ Ann L. Crump, Commissioner

NOTE: The ALJ issued a dismissal decision on the employer/appellant's failure to appear. However, the employer's attorney states in the petition that he appeared for the hearing but the ALJ would not begin the hearing until the employer's owner arrived at the hearing. Wis. Admin. Code § DWD 140.02 provides, in relevant part:

"Any party may appear on the party's own behalf at any hearing under this chapter or appear with or by a representative. The representative shall be presumed to have full authority to act on behalf of the party. . ." (Emphasis added.)

Where the employer appeared at the hearing by a representative, it cannot be said that it failed to appear. The ALJ should have conducted the hearing. If, by the end of the hearing, the employer's owner had not appeared, the ALJ would have been free to close the hearing at that time and issue a decision based on the evidence presented.

cc: Attorney Patrick Roney


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uploaded 2011/04/29