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

Subject:  Arthuro Gasca, Jr. v. LIRC, DWD, Magellan Health, Inc., Case 18CV1715 (Wis. Cir. Ct., Racine Co., April 4, 2019)

Digest Codes:   PC 758 Judicial review, Weight Post-Tetra Tech,  PC 731 LIRC review, Late Petition

The last date to petition the ATD was August 29, 2018. The employee faxed his petition for commission review (PCR) to the Madison Hearing Office on August 29, 2018. The department sent an "Invalid Petition" letter informing the employee that petitions must be mailed, delivered or faxed directly to the commission. The commission received the employee's petition on September 4, 2018 and dismissed the petition because its filing was late but not for a reason beyond the employee's control within the meaning of Wis. Stat. § 108.09(6)(a).

Held: Affirmed by the circuit court. The circuit court gave the commission's decision "due weight" consideration concluding that the commission has great experience in interpreting Wis. Stat. § 108.09(6)(a) and the "reason beyond control" standard. The circuit court held it found no fault with the commission's conclusion that the employee's error in using an incorrect fax number did not establish that it was beyond his control to have timely petitioned the commission within the meaning of Wis. Stat. § 108.09(6)(a).

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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