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

Subject: Wilson Park Garden Apartments v. LIRC and Dale A. Thompson, Case No. 94-Cv-010336 (Wis. Cir. Ct. Milwaukee County, May 23, 1994) Michael P. Sullivan, Circuit Judge

Digest Codes: PC 712.2

The employe performed services for the employer related to maintenance of an apartment complex. The department determined that the services were performed by him as an employe and that the services constituted employment for unemployment compensation purposes. The employer appealed that determination. Hearing notices were sent to the parties setting a hearing at 9 a.m. The employe appeared at the hearing with his attorney on time. At 9:15 a.m. the administrative law judge dismissed the appeal and the employe and his attorney left. The employer arrived at the hearing at 9:17 a.m. and completed a late arrival questionnaire at 9:19 a.m. The employer stated that he was late because he was under the impression that the hearing was scheduled for 9:30 a.m. The administrative law judge issued a decision finding that the plaintiff did not have good cause for failing to appear at the hearing. The commission affirmed.

Held:  There is credible and substantial evidence to support the determination that the employer has not established good cause as to why it did not appear. Notices were sent to the parties. The employer does not allege that it did not receive the notice. The employe and his attorney were present on time. The notice clearly stated the consequences of failing to appear on time. The law allows the administrative law judge to dismiss unless the appellant demonstrates good cause for its failure to appear. The employer’s incorrect impression is only a poor excuse, not good cause. The commission decision is affirmed.

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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