PAUL L GLINSKI, Employee

NASONVILLE DAIRY INC, Employer

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.

The decision of the administrative law judge is affirmed. Accordingly, the employer's request for a hearing is dismissed.

Dated and Mailed June 10, 2011

BY THE COMMISSION:

/s/ Robert Glaser, Chairperson

/s/ Ann L. Crump, Commissioner

/s/ Laurie R. McCallum, Commissioner

The employer has petitioned for commission review of the adverse appeal tribunal decision which found that the employer did not establish that its request for hearing was late for a reason beyond its control. Even if the department was remiss in not sending the employer's attorney a copy of the determination, the fact is the attorney was in possession of the determination before the last day to appeal. Filing an appeal takes minimal effort and can be accomplished by fax, mail or internet in literally minutes. While it is unfortunate that the employer's attorney did not receive the determination until October 14, the commission simply cannot conclude that it was beyond the employer's attorney's control to file an appeal by October 19.

 
glinspa . usd : 132 : 1

cc: Attorney Sara J. Ackermann

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uploaded 2011/08/15