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

Subject: McKinley Perkins III v. LIRC and DWD, Case 10 CV 2713 (Wis. Cir. Ct., Milwaukee Co., September 2, 2010)

Digest Codes: PC 711 - Late request for hearing

Digest Summary: The employee reactivated his claim for unemployment insurance on August 6, 2009. On September 1, 2009, the department issued initial determinations which held that the employee's failure to file weekly certifications of unemployment between June 15, 2008 and August 1, 2009 was not due to exceptional circumstances. The appeal deadline for the determinations was September 15; the employee filed his appeal on December 7, indicating that he did not know that reopening his unemployment claim was a matter that would be reviewed, that he was homeless, and that he could only retrieve his mail from his mailing address when he had transportation and access.

The commission dismissed the employee's appeal, reasoning that the employee should have known, based upon the Handbook for Claimants he had received, that there could be an issue with regard to the reactivation of his claim. In addition, as a claimant for unemployment insurance, the employee was responsible for checking his mail on a regular basis. He also had the option of contacting the department to ascertain the status of his claim.

Held: AFFIRMED. First, the court gave great weight deference to the commission"s determination. Next, the court reasoned that it was within the employee's control to retrieve his mail or to check in with the department to determine the status of his application to reactivate his claim.

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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