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

ROBERT F URAM, Claimant

UNEMPLOYMENT INSURANCE DECISION
Hearing No. 02008263MD


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 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 claimant is ineligible for TEUC benefits as of week 39 of 2002.

Dated and mailed May 20, 2003
uramrob . usd : 132 : 1 

/s/ David B. Falstad, Chairman

/s/ James A. Rutkowski, Commissioner

/s/ James T. Flynn, Commissioner

MEMORANDUM OPINION

The claimant has petitioned for review of the appeal tribunal decision that found he exhausted his rights to Wisconsin unemployment insurance benefits during week 38 of 2002, and as of week 39 of 2002, did not have sufficient base period wages to qualify for Temporary Extended Unemployment Compensation (TEUC) benefits. The claimant maintains in his petition, as he did at the hearing, that he is entitled to benefits based on an April 10, 2002, determination that he had $3,071.00 in TEUC available based on a benefit year established on November 12, 2000.

The commission agrees with the ALJ that the "Questions and Answers" section of the Unemployment Insurance Program Letter issued on September 6, 2002, establishes that the claimant is not eligible for additional TEUC benefits. The question and answer in 3.b. applies to the claimant's situation:

Question: If an individual has two qualifying benefit years on file and has exhausted the subsequent benefit year, does the individual have the option to receive TEUC based on the first benefit year?

Answer: No. The most recently exhausted benefit year is the applicable benefit year for TEUC purposes under the definitions published in Section II.

The claimant had two qualifying benefits years and exhausted the subsequent benefit year. The claimant does not have the option to receive TEUC based on the first benefit year.

The claimant maintains in his petition that 3.c. applies in his case. The question and answer referred to by the claimant state:

Question: Does TEUC entitlement exist for an individual who receives some TEUC before the end of his/her benefit year and who fails to qualify on a new benefit year because he/she has not earned requalifying wages?

Answer: Yes. Individuals who are unable to qualify for benefits on a subsequent benefit year because of a failure to meet the requalifying wage requirements and who otherwise meet the TEUC requirements will be eligible for TEUC. If the requalifying requirements are met, the individual no longer meets the requirements for TEUC eligibility because he/she would no longer be an exhaustee.

The commission disagrees that 3.c. applies to the claimant. The "benefit year" referred to in 3.c. is the claimant's most recently exhausted benefit year. Further, while the claimant had received some TEUC in his prior benefit year, he did not fail to qualify on a new benefit year. The claimant began a new benefit year in week 15 of 2002.


[ Search UC Decisions ] - [ UC Digest - Main Index ] - [ UC Legal Resources ] - [ LIRC Home Page ]


uploaded 2003/06/02