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


DALE A HOELZER, Employee

GREEN FIELDS GOLF CENTER LLC, Employer

UNEMPLOYMENT INSURANCE DECISION
Hearing No. 97601714WK


An administrative law judge (ALJ) for the Division of Unemployment Insurance of the Department of Workforce Development issued a decision in this matter. A timely petition for review was filed.

The commission has considered the petition and the positions of the parties, and it has reviewed the evidence submitted to the ALJ. Based on its review, the commission agrees with the decision of the ALJ, and it adopts the findings and conclusion in that decision as its own.

DECISION

The decision of the administrative law judge is affirmed. Accordingly, the employe is eligible for benefits based on work performed for the employer.

Dated and mailed September 17, 1997
hoelzda.usd : 105 : 7  ET 483.04

/s/ Pamela I. Anderson, Chairman

/s/ David B. Falstad, Commissioner


MEMORANDUM OPINION

The commission has affirmed the appeal tribunal decision in this case because it agrees with the administrative law judge's reasoning in the case: no statutory provision disqualifies the members (or owners) or their siblings of a limited liability company from eligibility for unemployment benefits based on services performed for that company. Only spouses, children, and, in certain cases, parents, are listed in Wis. Stat. 108.04(1)(g)1L.   The commission has little doubt but that, as the Bureau of Legal Affairs points out in its brief, it is unlikely that the legislature specifically intended the discrepancy between members of a limited liability company and partners or corporate owners.  It remains the case, though, that the statutory provisions governing partnerships, corporations, and limited liability companies are separately enumerated; since they each contain their own test for eligibility, it goes too far, without clear evidence of legislative intent, to simply apply the partnership or corporate ownership exclusions to the limited liability company provisions which do not contain the exclusion the Bureau of Legal Affairs wishes to apply in this case.

cc:
Director Gregory A Frigo
Bureau of Legal Affairs


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