JANETTE EKSTRAND, Employer
Pursuant to authority granted in Wis. Stat. § 108.09(6), the Labor and Industry Review commission sets aside its March 26, 1998 order. The appeal tribunal decision issued on November 3, 1997 and the initial determination issued October 31, 1996 are set aside. This matter is remanded to the department.
Dated and mailed January 29, 1999
ekstrja . upr : 132 : 1 ER 460 PC 713 PC 715
/s/ David B. Falstad, Chairman
/s/ Pamela I. Anderson, Commissioner
/s/ James A. Rutkowski, Commissioner
NOTE: The commission has determined that EDS and State of Wisconsin have yet to receive proper notice that they are potential employers in this case. Therefore, the matter is remanded back to the department. It is up to the department to proceed, if it so chooses, on both the issue of whether services were performed as employes or independent contractors and the employer issue. However, if the department does so, it must send the determinations to all potential employers, even though it determines a particular individual or entity is the employer. Of course, if an initial determination is issued and appealed, notice should be sent to all potential employers.
cc:
Attorney John W. Grindell
Attorney Michael J. Mathis
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