Wis.LIRC UC Decision: Hill, Lawrence - March 14, 2003 - AA 130 - Loss of license (or bond) - license suspended, revoked or not renewed due to employee's fault - employee lost his driver's license, which he needed in order to perform his driving work for the employer, because he forgot to go to a required circuit court hearing � 108.04(1)(f), which imposes a disqualification where an employee's loss of employment occurs because the employee has lost, due to his or her fault, a government license required for the performance of the employee's work, applies

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

LAWRENCE R HILL, Employee

FIRST CALL NURSING SERVICES INC, Employer

UNEMPLOYMENT INSURANCE DECISION
Hearing No. 02609033MW

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, benefits are denied beginning in week 36 of 2002 and for a period of up to five weeks thereafter, or until the license is reissued or renewed, whichever occurs first. Thereafter, benefits are allowed, if there are other employers in the base period and the employee is otherwise qualified.

Dated and mailed March 14, 2003
hillla . usd : 105 : 3 AA 130

/s/ David B. Falstad, Chairman

/s/ James A. Rutkowski, Commissioner

James T. Flynn, Commissioner

MEMORANDUM OPINION

The employee argues in his petition that he should either be eligible to return to work (based upon the reinstatement of his driver's license) or be eligible for unemployment insurance benefits. In fact, the employee is eligible for unemployment insurance benefits as week 42 of 2002 (the week beginning October 13, 2002) assuming he is otherwise qualified for unemployment insurance. This eligibility is due to the limited duration of the disqualification for a loss of license. There is only a six-week disqualification for loss of license (the week the employment ends and the succeeding five weeks).

As for the ineligibility for unemployment insurance in weeks 36-41 of 2002, though, the commission agrees with the administrative law judge that disqualification is proper. Wisconsin Stat. § 108.04(1)(f) imposes a disqualification where an employee's loss of employment occurs because the employee has lost, due to his or her fault, a government license required for the performance of the employee's work. In the present case, the employee lost his driver's license, which he needed in order to perform his driving work for the employer, because he forgot to go to a required circuit court hearing. There is no other way to characterize this matter than to say that it was the employee's fault that he lost his license, since he should not have neglected to go to the hearing in question. For this reason, the commission easily agrees with the disqualification under Wis. Stat. § 108.04(1)(f).

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uploaded 2003/03/31