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

Subject: Robinson, James L. (Hearing No. 99607104MW) v. LIRC and Wisconsin Limousine Service, Inc., (Wis. Cir. Ct., Milwaukee County, Case No. No. 00 CV 000377, August 8, 2000)

Digest Codes: PC 711

The employe worked for the employer prior to June 22, 1999. He failed to report to work or notify the employer from June 22, 1999 through June 29.1999. He returned to work on July 26, 1999 and was discharged on August 4, 1999.

The Department of Workforce Development issued two determinations on August 28, 1999. The first concluded that the employe quit his employment on June 26, 1999 but not for a reason which would permit payment of unemployment benefits. The second concluded that the employe was discharged for misconduct during the week ending August 7, 1999. The result of each determination was that the employe was not eligible for unemployment benefits.

The employe wrote and mailed an appeal on September 7, 1999 that was received on September 8, 1999. That appeal referred to the "misconduct" determination by number. A hearing on that appeal was held on September 23, 1999 and a decision issued on October 1, 1999.

On October 13, 1999 the employe completed and filed a hearing request which referred to the "quit" determination. On that day he also completed a "Reason for Late Appeal" form. After a hearing was held, a decision was issued which found that the plaintiff had not established that his late appeal of the "quit" determination was for a reason beyond his control. The commission affirmed that decision.

Held: The employe stated that the reason he did not timely file his appeal was because he was ignorant of the law. The determinations clearly notified the employe that he should indicate which decisions he was appealing. His only appeal specified the “misconduct” determination. He did not appeal the “quit” determination. The commission’s decision is not contrary to the clear meaning of the statute and therefore will not be disturbed by the court. Commission decision 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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