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


RONNIE FARROW, Employe

MIDWEST STAFFING INC, Employer

UNEMPLOYMENT INSURANCE DECISION
Hearing No. 99604004MW


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 employe.

Wis. 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 . . ."

Wis. Admin. Code § LIRC 1.02 provides, in relevant part, as follows:

"All petitions for commission review shall be received, or, in unemployment compensation, received or postmarked, within 21 days from the date of mailing of the administrative law judge's findings and decision or order, except as provided under this section. `Received' means physical receipt. A mailed petition postmarked on or prior to the last day of an appeal period, but received on a subsequent day is not a timely appeal, except in unemployment compensation. All petitions shall be in writing. . ."

Wis. Admin. Code § LIRC 2.01 (1) provides, in relevant part, as follows:

"A petition for commission review of the findings or order of an appeal tribunal decision under s. 108.09 or 108.10, Stats., shall be postmarked or received within 21 days from the date of mailing of the decision to the parties."

The administrative law judge's decision having been dated and mailed on June 17, 1999, the last day on which a timely petition for review could have been filed was July 8, 1999. The petition for review was postmarked August 27, 1999. It was received August 30, 1999.

The employe has explained that his petition was late because he was incarcerated in the house of corrections from June 16, 1999 until August 20, 1999. However, while the employe may have been incarcerated at the time the decision was issued and throughout the appeal period, he has not alleged that he could not have had his mail forwarded to him in prison, and the commission sees no reason to believe this was the case. The employe knew or should have known that he would be receiving a decisions, and the commission has consistently held that it is the claimant's responsibility to keep the department apprised of his current mailing address while a UI case is pending or, at a minimum, to make adequate arrangements for the monitoring and forwarding of his mail. Absent any reason to believe that the employe could not have done so, the commission sees no basis to conclude that the late petition was a mater beyond his control.

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

DECISION

The petition for review is dismissed.

Dated and mailed September 23, 1999
farroro.upr : 164 : 1 PC 731

/s/ David B. Falstad, Chairman

/s/ Pamela I. Anderson, Commissioner

/s/ James A. Rutkowski, Commissioner


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