Wis.LIRC ER Decision: Manning, Thomas - March 17, 2000 - Procedure - failure to respond to correspondence from department - complainant failed to inform department of changed mailing address - dismissal required for failure to respond even when compelling personal circumstances exist

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

THOMAS H MANNING, Complainant

INX INTERNATIONAL INK CO, Respondent

FAIR EMPLOYMENT DECISION
ERD Case No. 199901867, EEOC Case No. 26G991239

An administrative law judge (ALJ) for the Equal Rights Division 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 (copy attached) is affirmed.

Dated and mailed March 17, 2000
mannith . rsd : 164 : 9

/s/ David B. Falstad, Chairman

/s/ Pamela I. anderson, Commissioner

/s/ James A. Rutkowski, Commissioner

MEMORANDUM OPINION

In his petition for commission review the complainant argues that he is incarcerated at the Racine Correctional Institution and, consequently, did not receive the correspondence from the administrative law judge. However, the complainant could have received mail from the department at the Racine Correctional Institution, had he provided the department with that address. The complainant failed to do so, and the administrative law judge's certified correspondence was sent to his home address, where it remained unclaimed despite several delivery attempts.

In his petition the complainant also indicates that his wife, who resides at his last address of record, was under a lot of pressure at the time because her son had recently passed away following a prolonged illness. While this is indeed a tragic circumstance, the law requires dismissal of the case if the complainant fails to respond within 20 days to correspondence from the department concerning the complaint, which is sent by certified mail to his last known address. Wis. Stat. � 111.39(3). This provision applies even where compelling personal circumstances exist. Accordingly, the dismissal of the complaint must be affirmed.

cc: Anna M. Pepelnjak

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uploaded 2001/04/17