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


JACKIE W McGEE, Employe

TOWER AUTOMOTIVE PRODUCTS CO INC, Employer

UNEMPLOYMENT INSURANCE DECISION
Hearing No. 99603439MW


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 makes the following:

FINDINGS OF FACT AND CONCLUSIONS OF LAW

The employe in this case failed to appear at a scheduled hearing on the issue of his eligibility for unemployment insurance, and the issue is whether he had good cause for that failure. The commission concludes that he did, and so reverses the appeal tribunal dismissal decision.

The employe had timely filed a request for hearing and, by May 19 notice, hearing was scheduled for May 25. The employe's failure to appear at hearing was due to the death of his daughter, who was killed on May 21. The commission cannot put the matter more succinctly than did the employe: he had to bury his daughter, and it was more than he could bear.

A party who fails to appear at a scheduled unemployment insurance hearing is entitled to a rescheduling of the hearing upon a showing of good cause for the failure to appear. A death in one's immediate family without question meets this standard; the commission therefore finds that the employe had good cause, within the meaning of Wis. Stat. § 108.09(4), for his failure to have appeared at the scheduled May 25, 1999 hearing.

DECISION

The appeal tribunal decision is reversed. Accordingly, this matter is remanded to the Department of Workforce Development for hearing and decision on the merits.

Dated and mailed July 6, 1999
mcgeeja.urr : 105 : 2  PC 712.5

/s/ David B. Falstad, Chairman

/s/ Pamela I. Anderson, Commissioner

/s/ James A. Rutkowski, Commissioner

NOTE: The commission did not confer with the administrative law judge before determining to reverse the appeal tribunal decision in this matter. The administrative law judge's dismissal was not based upon any credibility assessments of witnesses; nor was the commission's reversal.

cc: CAROL WEIDINGER
C/O R E HARRINGTON


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