Wisconsin Labor and Industry Review Commission --
Summary of Wisconsin Court Decision relating to Unemployment Insurance
Subject: Dawn Paradiso-Hansen v. LIRC, DWD and Independent Contractors, Case No. 16CV952 (Wis. Cir. Ct., Outagamie Cnty., February 17, 2017)
751.1 Jurisdiction, summons/complaint late
The commission moved to dismiss the plaintiff's summons and complaint because service on the commission was beyond the 30-day limit under Wis. Stat. § 108.09(7)(c)1. and because the plaintiff, who is not a licensed attorney signed the pleadings on behalf of Compassionate Home Health Care Inc., in violation of Wis. Stat. § 757.30.
Held: Circuit Court granted the commission's motion to dismiss the defective pleadings because service of the summons and complaint was beyond the 30-day time limit under Wis. Stat. § 108.09(7)(c) and the plaintiff is not a licensed attorney and could not sign the pleadings on behalf of Compassionate Home Health Care Inc. under Wis. Stat. § 757.30.
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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