MARIA L DACQUISTO, Employee

FLEMING COMAPNIES INC., Employer

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.

The decision of the administrative law judge is affirmed. Accordingly, the employee's appeal is dismissed.

Dated and mailed May 7, 2003
dacquma . usd : 164 : 1    PC 711

/s/ David B. Falstad, Chairman

/s/ James A. Rutkowski, Commissioner

/s/ James T. Flynn, Commissioner

The employee's petition for commission review contains no argument and the commission has no specific indication as to why the employee believes the appeal tribunal decision should be reversed. Notwithstanding this, the commission has reviewed the information which was before the administrative law judge, in order to determine whether the appeal tribunal's findings of fact and conclusions of law are supported. The employee contended that her appeal was late because she does not read English well. However, given this circumstance, the employee should have sought immediate assistance in reading or translating the document from the department, rather than waiting over three weeks before doing so. Because the commission agrees with the administrative law judge that the unreasonable delay in seeking assistance with the reading and translation of the initial determination was not a matter beyond the employee's control, the dismissal of the hearing request is affirmed.

cc: Attorney Blaise Di Pronio

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uploaded 2004/06/01