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


In the matter of Notice of
Intent to Certify Debt of

JEANNE M BARTLE, Debtor

Hearing No. 98-DOR-26


Pursuant to the timely petition for review filed by the above-named debtor, the commission has reviewed the record of this matter and has considered the petition and the relief requested, and makes the following:

F I N D I N G S

1. Debtor’s obligation to the Department of Industry, Labor and Human Relations for an overpayment of unemployment benefits in the then-amount of $305.00 (now $315.00 due to addition of legal costs) was established by the determination issued on November 21, 1997, which has become final.

2. The indebtedness was reduced to judgment by the docketing of the department’s warrant in the Circuit Court for Eau Claire County on August 7, 1998, and has not been repaid to the department.

3. The debtor appealed the Department’s Notice of Intent to Certify Debt to the Department of Revenue, seeking only to challenge the basis of the indebtedness, which was finally established according to paragraph one above and is not subject to further appeal or review.

The appeal tribunal dismissed the debtor’s appeal on the ground that it did not object to any matter other than the basis of the indebtedness, and no other ground for appeal has been set forth in the petition for review. The commission accordingly makes this:

DECISION

The decision of the appeal tribunal is affirmed. Accordingly, the debtor's appeal is dismissed.

Dated and mailed June 24, 1999
bartlje.usd : 105 : 1  BR 320

/s/ David B. Falstad, Chairman

/s/ Pamela I. Anderson, Commissioner

/s/ James A. Rutkowski, Commissioner


MEMORANDUM OPINION

The debtor has had sent to the Department of Workforce Development a letter from the employer to the effect that the employe was justified in leaving the employer (when she did so in the fall of 1997). It is too late, however, by statute, for the employe to challenge the department’s finding that the employe’s quit of employment was for a reason allowing for immediate eligibility for unemployment insurance. See Wis. Stat. § 108.225(19). Before the Department of Workforce Development instituted certification proceedings against the employe, the employe had several opportunities to challenge the November 21, 1997 initial determination. She did not do so, and it became final. As the administrative law judge noted, certification proceedings may be challenged on the basis of mistaken identity or prior repayment of the debt. Those are the only statutory bases for challenging such proceedings, however. Since the employe’s challenge is neither of those, it is precluded by law. For these reasons, and those stated in the appeal tribunal decision, the commission has affirmed that decision.

cc:
Benefit Overpayment Collection Unit


[ Search UC Decisions ] - [ UC Digest - Main Index ] - [ UC Legal Resources ] - [ LIRC Home Page ]