LAWRENCE R HILL, Employee
FIRST CALL NURSING SERVICES INC, Employer
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.
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
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