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


CAROLYN TALBERT, Employe

FIRST HEALTHCARE CORP, Employer

UNEMPLOYMENT INSURANCE DECISION
Hearing No. 98603008RC


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 employe is ineligible for benefits beginning in week 11 of 1997, and until seven weeks have elapsed since the end of the week of discharge and the employe has earned wages in covered employment performed after the week of discharge equaling at least 14 times the employe's weekly benefit rate which would have been paid had the discharge not occurred. The employe is required to repay the sum of $4,757.00 to the Unemployment Reserve Fund.

Dated and mailed: August 14, 1998
talbeca.usd : 135 : 1 PC 712.1

/s/ David B. Falstad, Chairman

/s/ Pamela I. Anderson, Commissioner

/s/ James A. Rutkowski, Commissioner

MEMORANDUM OPINION

In her petition for commission review, the employe explains that she did not attend the hearing because she received the notice of hearing on the day it was to be held. The employe explained that she had recently moved and her mail had been forwarded after it was initially sent to her old address. While the circumstances surrounding the employe's failure to appear are personally regrettable to the employe, it is a party's responsibility to immediately notify the department of any address change rather than relying on mail being forwarded. The employe's reliance of the forwarding of her mail added delay to time sensitive department mail and consequently led to her failure to be notified of the hearing in a timely manner. This consequence however was the direct result of the employe's failure to notify the department of her change in address. Accordingly, a new haring will not be granted.

Notwithstanding this, the record in this matter has been reviewed for the purpose of determining whether the findings of fact and conclusions of law made by the ALJ are supported. Concluding that they are, the commission has adopted them as its own. Accordingly, the appeal tribunal decision is affirmed.

cc: FIRST HEALTHCARE


Appealed to Circuit Court. Reversed and remanded August 5, 1999.[Court Decision Summary]

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