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


JAMES E ZIMMERMAN, Employe

GRAPHIC MANAGEMENT SPECIALTY PRODUCTS INC, Employer

UNEMPLOYMENT INSURANCE DECISION
Hearing No. 00400039AP


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 is dismissed. The initial determination remains in effect.

Dated and mailed March 14, 2000
zimmeja.usd : 135 : 3  PC 712.2

/s/ David B. Falstad, Chairman

/s/ Pamela I. Anderson, Commissioner

/s/ James A. Rutkowski, Commissioner

MEMORANDUM OPINION

In his petition for commission review, the employe explains that he was one minute late for his hearing. In actuality the employe was more than 15 minutes late. The hearing was scheduled for 12:45 p.m. The employe did not appear until 1:03 p.m., making him more than 15 minutes late. The administrative code provides ALJs with the discretion to dismiss an appellant's hearing if the appellant does not appear within 15 minutes of the scheduled starting time. The commission will not disturb the ALJ's decision in this case.

The employe explains that a "big part of the appeal tribunal decision was based on the employe's failure to look at the hearing notice first." This is a fair characterization. However, it is a party's responsibility to carefully review the hearing notice to determine where and when the hearing is to be held. While the commission is sympathetic to the employe's situation it was the employe's incorrect assumption that led to his untimely appearance. The commission therefore is unwilling to treat the employe's nonappearance as a failure based on good cause. Consequently, the employe's request for hearing is denied and the initial determination remains in effect.

cc: ROBIN FONDER
C/O GRAPHIC MANAGEMENT SPECIALTY PRODUCTS INC


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