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


DAVID M CHRISTENSEN JR, Employe

CONTRACT CONVERTING LLC, Employer

UNEMPLOYMENT INSURANCE DECISION
Hearing No. 99401739AP


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 eligible for benefits beginning in week 30 of 1999, if otherwise qualified.

Dated and mailed October 28, 1999
chrisda.usd : 178 : 6  PC 715

/s/ David B. Falstad, Chairman

Pamela I. Anderson, Commissioner

/s/ James A. Rutkowski, Commissioner


MEMORANDUM OPINION

In its petition for commission review, the employer argues that the hearing should have been dismissed because the appellant-employe failed to appear and the employe's father was not authorized to appear on his behalf. The employe's appeal designates his father as his representative. The Wisconsin Administrative Code at DWD 140.02 provides in relevant part, "Any party may appear on the party's own behalf at any hearing under this chapter or appear with or by a representative." In the instant case, the employe chose to appear by his representative. Since this is permitted under the department's rules, there is no basis for dismissing the hearing.

The commission has reviewed the record of the hearing and agrees with the administrative law judge that the employer did not meet its burden of establishing that the employe's discharge was for misconduct connected with his employment. Therefore the appeal tribunal decision is affirmed.


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