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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