RONALD J KAPPEL, Claimant

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 employee's request for hearing on the merits is dismissed. The initial determination shall remain in effect.

Dated and mailed June 10, 2011
kappero . usd : 132 : 1

BY THE COMMISSION:

/s/ Robert Glaser, Chairperson

/s/ Ann L. Crump, Commissioner

/s/ Laurie R. McCallum, Commissioner

The employee has petitioned for commission review of the adverse appeal tribunal decision which found that the employee failed to file a timely request for hearing and did not establish that its request for hearing was late for a reason beyond his control. The employee asserts in his petition, as he did at the hearing, that he filed an appeal on the internet in October. However, when filing by internet the employee is given the following instruction:

You should print and keep a copy of the confirmation page. If there is a question about whether or when you filed an appeal, you may be asked to produce a copy of that confirmation page.

The employee did not present a copy of the confirmation page to support his assertion that he filed a request for hearing in October.

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uploaded 2011/08/15