JOSE ORTIZ, Employee

DOSKOCIL FOOD SERVICE, 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 request for hearing on the merits is dismissed. The initial determination shall remain in effect.

Dated and mailed June 5, 2003
ortizjo . usd : 164 : 1   PC 711

/s/ David B. Falstad, Chairman

/s/ James T. Flynn, Commissioner

/s/ Robert Glaser, Commissioner

In his petition for commission review the employee argues, as he did at the hearing, that his appeal was late because he cannot read English and had to have his union representative file the appeal for him. However, as was noted in the appeal tribunal decision, an employee who is unable to read English is obligated to seek assistance in reading and translating the determination within a reasonable period of time. The employee's failure to do so was not for any reason beyond his control. Consequently, the commission is unable to accept the employee's untimely appeal or to address his arguments with respect to the merits of his case.

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uploaded 2004/06/01