Wis.LIRC WC Decision: Driggs, Sandra - July 14, 2005 - ND � 9.2 - Petition for review - timeliness - petition deemed filed when received at LIRC's Post Office Box, not just when received at LIRC's actual offices -- burden is on petitioner to prove petition was in fact been received at LIRC's PO Box by the last day of the deadline

STATE OF WISCONSIN
LABOR AND INDUSTRY REVIEW COMMISSION
P O BOX 8126, MADISON, WI 53708-8126 (608/266-9850)

SANDRA DRIGGS, Applicant

HMU MANAGEMENT CORPORATION, Employer

LIBERTY MUTUAL INSURANCE CO, Insurer

WORKER'S COMPENSATION DECISION
, Claim No. 2003-012592

ORDER

Pursuant to the authority granted in Wis. Stat. § 102.18 the commission remands this matter to the Worker's Compensation Division to hold a hearing on behalf of the commission with respect to whether the respondents' petition was late, and if so, whether it was late for a reason beyond the respondents' control.

Dated and mailed July 14, 2005
driggsa . wpr : 132 : 4 ND � 9.2

/s/ James T. Flynn, Chairman

/s/ David B. Falstad, Commissioner

Robert Glaser, Commissioner

NOTE: The commission remands this matter to give the respondents the opportunity to establish that the petition reached the commission's post office box by June 10, 2005. A court has previously held that since the commission offers a post office box as its mailing address, the petition is filed when it arrives at that box and not when stamped received by the commission. It is however the respondents' burden to establish that the petition was received on June 10, 2005. See Springer v. Wausau Furniture Company Inc., and Economy Fire and Casualty Company, WC Claim No. 88027163 1994 WI Wrk Comp LEXIS 267 (LIRC July 11, 1994); Springer v. Wausau Furniture Co. Inc., No. 94-CV-459 (Wis. Cir. Ct. Marathon County Dec. 23, 1994).

cc:
Attorney Jeffrey Klemp
Attorney Jessica Almazar

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uploaded 2005/07/15