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

KANJANA CASETTA, Employee

ZALE DELAWARE INC, Employer

UNEMPLOYMENT INSURANCE DECISION
Hearing No. 02006448FL


O R D E R

Pursuant to authority granted in Wis. Stats. 108.09(6)(d), the commission sets aside the October 17, 2002 appeal tribunal decision in this case and remands the matter to the Department of Workforce Development for de novo (new) hearing before and decision by a different administrative law judge. The administrative law judge who conducted the previous hearing and issued the October 17, 2002 decision did not credit the employee's testimony on the grounds that the employee had not submitted a UCB-474 Medical Report and that the employee's physician was a general practitioner and not a psychiatrist or therapist specializing in anxiety, depression, or stress-related disorders. First, it appears that the employee's failure to have timely submitted her medical evidence was not due to her fault. Second, there is no requirement that medical evidence be from a specialist as opposed to a general practitioner. For these reasons, the commission believes the matter is best reheard and redecided by a different administrative law judge.

Dated and mailed February 21, 2003
casetka . usd : 105 : 1  PC 714.10

/s/ David B. Falstad, Chairman

/s/ James A. Rutkowski, Commissioner


cc: 
Zale Jewelers
Labor Management Consultant


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uploaded 2003/03/03