STATE OF WISCONSIN
LABOR AND INDUSTRY REVIEW COMMISSION
P O BOX 8126, MADISON, WI 53708-8126
http://dwd.wisconsin.gov/lirc/

BRENDA J ROBINSON, Employee

CLEAN POWER LLC, Employer

UNEMPLOYMENT INSURANCE DECISION
Hearing No. 13604803MW


An administrative law judge (ALJ) for the Division of Unemployment Insurance of the Department of Workforce Development issued a decision in this matter. A petition for review was filed by the employee.

Wisconsin Stat. § 108.09 (6)(a) provides, in relevant part, as follows:

The department or any party may petition the commission for review of an appeal tribunal decision, pursuant to commission rules, if such petition is received by the department or commission or postmarked within 21 days after the appeal tribunal decision was mailed to the party's last-known address. The commission shall dismiss any petition if not timely filed unless the petitioner shows probable good cause that the reason for having failed to file the petition timely was beyond the control of the petitioner . . .

The ALJ's decision having been dated and mailed on July 9, 2013, the last day on which a timely petition for commission review could have been filed was July 30, 2013. The employee's petition was postmarked on August 12, 2013, and received by the Milwaukee Hearing Office on August 13, 2013.

On August 15, 2013, the commission sent the employee a "REASONS FOR LATE PETITION FOR COMMISSION REVIEW" form giving the employee 10 days to explain why the petition was filed late. On September 5, 2013, the commission received the employee's completed form which stated, in relevant part: "My petition was filed late because I didn't have any way of filing the petition it's very hard to do anything without money to take care of anything and it's very hard when at the time it's hard when you don't have a phone (sic)." The reverse side of the appeal tribunal decision outlined multiple methods for filing a timely appeal, none of which required the use of a telephone. It was within the employee's control to seek assistance from a neighbor, friend, or family member to file her appeal via the internet, facsimile, or the United States Postal Service. Moreover, the employee resides in an urban area in close proximity to a public library that provides free internet access.

The commission therefore finds that the petition for commission review was not timely and that the employee has not shown probable good cause that the reason for having failed to file the petition timely was beyond the employee's control, within the meaning of Wis. Stat. § 108.09 (6)(a).

DECISION

The petition for review is dismissed.

Dated and mailed September 9, 2013

BY THE COMMISSION:

/s/ Laurie R. McCallum, Chairperson

/s/ C. William Jordahl, Commissioner

/s/ David B. Falstad, Commissioner


robinbr_upr . doc : 102 :

cc: CONTINENTAL INC
ATTN: PHILIP GATEWOOD
 

 


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