MERCEDES OROPEZA, Claimant
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 new hearing and decision on the merits.
Dated and Mailed
February 28, 2011
BY THE COMMISSION:
James T. Flynn, Chairperson
/s/ Robert Glaser, Commissioner
/s/ Ann L. Crump, Commissioner
The claimant's appeal was filed 21 seconds past midnight, on September 18, 2010. Although the commission appreciates the value of finality in establishing and enforcing deadlines, it does not see that value being served in this case in which the speed of a computer or the accuracy of a website clock dictates whether a claimant will be permitted a hearing on the merits of her case.
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uploaded 2011/04/29