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


Subject: Geraldine Watson  v. City of Milwaukee and LIRC, Case No. 09-CV-862 (Wis. Cir. Ct., Milwaukee Co., July 2, 2009)

Digest Codes:  PC 731  PC 718

The employee timely appealed determinations denying her benefits.  She then withdrew her appeal, and the department issued "Withdrawal Appeal Tribunal Decisions" which stated "NOT APPLICABLE" for the appeal deadline. More than 21 days after the "Withdrawal Appeal Tribunal Decisions" were issued, the employee sought to retract her withdrawal of her appeals.  An ALJ denied the retraction request on the grounds that it was not timely. The employee petitioned for review by LIRC.  She explained explains that she withdrew her appeals after she sought legal assistance and was informed that she would not win her cases.  Applying Glasschroeder v. A 1 A Plus (LIRC March 4, 2004), LIRC concluded that although the petition for review was filed more than 21 days after the "Withdrawal Appeal Tribunal Decisions", it was late for a reason beyond the employee's control, because the "Withdrawal Appeal Tribunal Decisions" had stated "NOT APPLICABLE" for the appeal deadline.  However, addressing the request to retract the withdrawal of the appeals, the commission found no good cause for retraction of the withdrawal.

Held: Affirmed. LIRC's decisions regarding withdrawals of appeals and retractions of withdrawals are entitled to "great weight" deference. LIRC's decision that the petition for review was late for a reason beyond petitioner's control because the "Withdrawal Appeal Tribunal Decision" stated "NOT APPLICABLE" for an appeal deadline reflects a reasonable interpretation and is affirmed. Regarding the issue of "good cause" for retraction of the withdrawal of the appeals, LIRC reasonably found that the legal advice the employee was given that she would not win her cases was insufficient to establish "good cause". Passages cited by the employee from the Wisconsin Unemployment Insurance booklet referencing appeals of ALJ's decisions and hearings before ALJ's on late appeals from determinations, are not germane to the issue in this case.

[LIRC 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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