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

HAZEL L McDOWELL, Employe

WISCONSIN CENTER JT VTE, Employer

UNEMPLOYMENT INSURANCE DECISION
Hearing No. 99602383MW

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 appeal tribunal retains jurisdiction for a new hearing and/or a decision on the merits of the case.

Dated and mailed June 11, 1999
mcdowha.usd : 105 : 7 PC 712.1  PC 715

/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 had good cause for its failure to have appeared at the scheduled February 19, 1999 hearing. As a matter of due process, the department is required to send such documents as notices of hearing to whomever a party designates as its agent for such purposes. In other words, the department was required to send the notice of hearing to the California address of the employer's agent. The department did not do so, which resulted in the employer's failure to have appeared at the hearing. This failure by the department without question constituted good cause for the employer's failure to have appeared at hearing, so the employer is entitled to have hearing on the merits rescheduled. That the employe had worked virtually across the street from the hearing office does not change the fact that the witnesses for the employer did not know that hearing been scheduled. Since they did not know it had been scheduled, they could not have attended. For these reasons, and those stated in the appeal tribunal decision, the commission has affirmed that decision.

cc: WISCONSIN CENTER JT VTE
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