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

JODY A SAVAGE, Employee

J M REFACING INC, Employer

UNEMPLOYMENT INSURANCE DECISION
Hearing No. 01403934AP


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 employee's base period wages shall be limited to a maximum of ten times the weekly benefit rate based solely on employment by this employer.

Dated and mailed March 13, 2002
savagjo . usd : 105 : 8   ER 455 ET 491

/s/ David B. Falstad, Chairman

/s/ James A. Rutkowski, Commissioner

/s/ Laurie R. McCallum, Commissioner


MEMORANDUM OPINION

The commission is sympathetic to the employee's circumstance, that she was legally separated from her husband during much of the time in the unemployment insurance base period (such that she and her then-husband were not attempting to manipulate the unemployment insurance system through so-called family employment). The unemployment insurance law is a statutory program, however, which means that the department and commission must apply the statutes as enacted by the legislature. Those statutes require the reduction in benefit entitlement applied in this case, where the claimant was the spouse of the owner of the business. The statute does not allow exception or waiver where the couple is legally separated. Legally, the employee remained the spouse of the owner until the divorce.

For these reasons, and for those stated in the appeal tribunal decision, the commission has affirmed that decision.



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uploaded 2002/03/15