STATE OF WISCONSIN
LABOR AND INDUSTRY REVIEW COMMISSION
P O BOX 8126, MADISON, WI 53708-8126 (608/266-9850)


SHIRLEY A KOLVE, Employe

ASHLEY FURNITURE INDUSTRIES INC, Employer

UNEMPLOYMENT INSURANCE DECISION
Hearing No. 99001145MD


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.

DECISION

The decision of the administrative law judge is affirmed. Accordingly, the employer's request for hearing on the merits is dismissed. The initial determination shall remain in effect.

Dated and mailed May 26, 1999
kolvesh.usd : 105 : 2   PC 711

/s/ David B. Falstad, Chairman

/s/ Pamela I. Anderson, Commissioner

/s/ James A. Rutkowski, Commissioner


MEMORANDUM OPINION

The commission fully agrees with the administrative law judge that the employer's representative failed to establish that the request for hearing was late for a reason beyond its control. First, the administrative law judge was correct in that the witness at the hearing did not have firsthand knowledge as to the alleged non-receipt of the initial determination. That evidence would have had to come from Ms. Newtall (ph). Second, even had the employer's representative not received the initial determination, it still should have known of the adverse decision, given that the employer's account was charged with unemployment insurance received by the claimant beginning in week 23 of 1998. The employer's representative thus was on notice that an adverse decision had been issued.

Third, even had the employer's representative not known of the charges against the employer's account, it still delayed too long from its date of receipt of a copy of the June 29, 1998 initial determination, to file its request for hearing. Pursuant to Wis. Adm. Code § DWD 140.01, if a party or its representative receives late an initial determination or appeal tribunal decision, then the party is given the statutory time period, from the date of receipt of the document, for the filing of an appeal. This time period is two weeks for an initial determination and three weeks for an appeal tribunal decision. The employer's representative testified that the representative received the initial determination on February 17, 1999; the employer's representative filed the appeal only on March 16, 1999, almost a month later and certainly beyond the two week time period for the filing of requests for hearing.

For each of the above reasons, the employer's request for hearing cannot be considered late for a reason beyond the employer's control.

cc: ASHLEY FURNITURE IND


[ Search UC Decisions ] - [ UC Digest - Main Index ] - [ UC Legal Resources ] - [ LIRC Home Page ]