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


MAYNARD L DULAK, Employe

UNEMPLOYMENT INSURANCE DECISION
Hearing No. 99605679RC


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 in week 28 of 1999. Thereafter, the employe is eligible for benefits, if otherwise qualified.

Dated and mailed November 9, 1999
dulakma.usd : 105 : 1 CP 360

/s/ David B. Falstad, Chairman

/s/ Pamela I. Anderson, Commissioner

/s/ James A. Rutkowski, Commissioner


MEMORANDUM OPINION

The commission must agree with the administrative law judge that no exceptional circumstances justified the employe's failure to timely file his claim for week 28 of 1999. The phrase "exceptional circumstances" is a term of art; that is, it is defined in the Wisconsin Administrative Code, and its definition is more limited than what generally might be considered "exceptional." Error by the department and instruction from an employer not to file a claim, for example, are specifically listed as exceptional circumstances under Wis. Admin. Code § DWD 129.01(4). The list of circumstances which constitute exceptional circumstances does not include anything remotely like a claimant's not remembering that he had to file both a claim reactivation and a weekly claim. For these reasons, and those stated in the appeal tribunal decision, the commission has affirmed that decision.


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