NICHOLAS A KOMLODI, Employee
THE COMPUTER MARKET INC, Employer
/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