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

Subject: Terrance G. Braggs v. LIRC and Taco Bell of America, Inc., Case 10 CV 6158 (Wis. Cir. Ct., Milwaukee Co., November 29, 2010)

Digest Codes:  PC 711 - Hearing, Late Request For Hearing

Digest Summary: The employee was months late appealing an adverse initial determination, and indicated that it was late because he had moved and had not received the determination. The administrative law judge dismissed the appeal, and the commission affirmed, reasoning that the department had sent the initial determination to the employee's address of record at the time of the determination, and that none of the employee's assertions established that his appeal was late for a reason beyond his control.

Held: AFFIRMED. The court accepted as persuasive the circuit court cases (Campbell and Robinson) the commission cited in support of its argument that its decision was entitled to great weight deference. The court gave it that deference, but noted that it would have affirmed the commission's decision under any standard of review. The court remarked upon the employee's concession that he had not timely notified the department of his address changes, and reasoned that it was within his control to have done so, and that his own conduct had created the situation (his alleged lack of receipt of the determination).

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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