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


HOOPER HOLMES INC, Employer

UNEMPLOYMENT INSURANCE CONTRIBUTION LIABILITY DECISION
Account No. 007887, Hearing No. S9900017MD


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 request for hearing on the merits is dismissed as untimely. No further hearing will be held concerning the merits of the issue raised by the appellant's appeal. The department's November 23, 1998 initial determination shall remain in effect.

Dated and mailed December 15, 1999
hooperh.ssd : 105 : 1 PC 711

/s/ David B. Falstad, Chairman

/s/ Pamela I. Anderson, Commissioner

/s/ James A. Rutkowski, Commissioner

MEMORANDUM OPINION

The commission has affirmed the appeal tribunal decision in this case, because it fully agrees with the administrative law judge that the employer's request for hearing was not late for a reason beyond its control. First, the initial determination of liability is a separate legal matter from the Department of Workforce Development's audit of the employer's alleged independent contractors. For this reason, the statement by the employer's attorney to the effect that he would be the department's principal contact with respect to the audit, does not constitute notice that the attorney must receive a copy of the initial determination of liability. Second, that same statement does not legally constitute a request to the Department of Workforce Development that the employer's address of record with the department be changed to that of the attorney. It is not even close. Third, the employer's appeal in this case was not late because of any failure by the department to send a copy of the initial determination to the employer's attorney. The appeal was late because of internal mismanagement by representatives of the employer. The department and commission have long required, though, that parties have in place whatever mechanisms are necessary for them to be able to timely respond to time-sensitive matters from the department such as the initial determination in this case. For all of these reasons, the commission fully agrees with the administrative law judge's dismissal of the employer's request for hearing.

cc: HOOPER HOLMES INC

ATTORNEY JEFFREY J CORRADINO

GREGORY FRIGO DIRECTOR
BUREAU OF LEGAL AFFAIRS


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