Wisconsin Labor and Industry Review Commission --
Summary of Wisconsin Court Decision relating to Unemployment Insurance

Subject: Kurt D. Kissel (Hrg. No. 96005251LX) v. State of Wisconsin Labor and Industry Review Commission and Interstate Roofing and Waterproofing, Inc., Case 97-CV-111 (Wis. Cir. Ct., La Crosse Co., August 29, 1997)

Digest Codes:  PC 711

Two determinations were issued to claimant on his claim at the same time. One (on a quit issue) was favorable to claimant and stated that benefits were allowed if claimant was otherwise eligible. The other (on a job refusal issue) was unfavorable to claimant and suspended eligibility on that basis. Claimant took both determinations to his attorney, who mailed in a timely appeal, which referred to a determination by number, enclosed a copy of it, and stated that the claimant wished to appeal that determination. However, the determination which the attorney’s letter referred to (by number), and enclosed a copy of, was the quit determination. The attorney subsequently sent in a withdrawal of that appeal, and another appeal referencing the job refusal determination, but it was untimely. ATD and then LIRC dismissed the appeal of the job refusal determination as untimely. On appeal, claimant argued that it should have been obvious that he was intending to and attempting to appeal the unfavorable determination, and that his first (timely) appeal should be treated as having been an appeal of that unfavorable (job refusal) determination. 

Held: Affirmed. It is clear that the failure to file a timely appeal of the job refusal determination was entirely within the control of claimant and his attorney. The actions of the attorney represent the actions of the client. It is not unreasonable to expect attorneys to double check to be certain that they are using the correct numbers in appealing a decision.

Please note that this is a summary prepared by staff of the commission, not a verbatim reproduction of the court decision.

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