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

WILLIAM E REDDICK, Applicant

SNAP ON INCORPORATED, Employer

SNAP ON INCORPORATED, Insurer

WORKER'S COMPENSATION DECISION
Claim No. 1997057001

An administrative law judge (ALJ) for the Worker's Compensation Division of the Department of Workforce Development issued a decision in this matter. A petition for review was filed by the applicant.

Wis. Stat. § 102.18 (3) provides, in relevant part, as follows:

"A party in interest may petition the commission for review of an examiner's decision awarding or denying compensation if the department or commission receives the petition within 21 days after the department mailed a copy of the examiner's decision to the party's last-known address. The commission shall dismiss any petition which is not timely filed unless the petitioner shows probable good cause that the reason for failure to timely file was beyond the petitioner's control . . ."

Wis. Admin. Code § LIRC 1.02 provides, in relevant part, as follows:

"All petitions for commission review shall be received, or, in unemployment compensation, received or postmarked, within 21 days from the date of mailing of the administrative law judge's findings and decision or order, except as provided under this section. `Received' means physical receipt. A mailed petition postmarked on or prior to the last day of an appeal period, but received on a subsequent day is not a timely appeal, except in unemployment compensation. All petitions shall be in writing. . ."

Wis. Admin. Code § LIRC 3.01 provides, in relevant part, as follows:

"A petition for commission review of the findings or order of a department of workforce development administrative law judge under s. 102.18, Stats., shall be received within 21 days from the date of mailing of the findings and order to the parties . . ."

The administrative law judge's decision having been dated and mailed on May 4, 2000, the last day on which a timely petition for review could have been filed was May 25, 2000. The petition for review was received May 30, 2000.

In his petition for commission review, the applicant explains that his petition was untimely because his "past attorney said I had 30 days to file an appeal." The applicant further explained that when he called the WC office he was informed he only had 21 days but explained "there was nothing in the letter that said I had only 21 days." Clearly the information contained in the attorney's letter dated May 15, 2000 is incorrect. The applicant had only 21 days from the date of the decision to appeal, not 30 days as indicated in the attorney's letter. Regrettably, to the extent the applicant relied on incorrect advice, the commission has always held that parties are bound by the acts of their agents.

If indeed, the applicant is pro se, the applicant's situation is like any other unrepresented party in a WC proceeding; that is, the applicant is still required to follow the 21 day petition deadline. The applicant was informed by appeal rights sent to him that the appeal period to the commission is 21 days from the date of the decision. The applicant's reliance on the misinformation was a mistake and an unfortunate event, but nonetheless, it was not beyond the applicant's control to have filed a timely petition. The applicant was provided with proper notice indicating the correct time for the deadline and he failed to timely preserve his appeal rights.

The commission therefore finds that the petition for commission review was not timely and that the applicant has not shown probable good cause that the reason for having failed to file the petition timely was beyond the applicant's control, within the meaning of Wis. Stat. § 102.18 (3).

DECISION

The petition for review is dismissed.

Dated and mailed July 13, 2000
reddiwi.wpr : 135 : 6   ND § 9.2

/s/ David B. Falstad, Chairman

/s/ Pamela I. Anderson, Commissioner

/s/ James A. Rutkowski, Commissioner

cc: ATTORNEY PAUL R RIEGEL
MICHAEL BEST & FRIEDRICH LLP

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