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

STEVEN A PARKER, Employee

WAL MART ASSOCIATES INC, Employer

UNEMPLOYMENT INSURANCE DECISION
Hearing No. 03603835RC


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 is eligible for benefits, if otherwise qualified.

Dated and mailed December 9, 2003
parkest . usd : 132 : 8   PC 734

/s/ David B. Falstad, Chairman

/s/ James T. Flynn, Commissioner

/s/ Robert Glaser, Commissioner

MEMORANDUM OPINION

The employer's representative requests another hearing in this matter arguing that the claimant produced at the hearing, and not before, the name of the individual who gave him permission to leave work. The commission declines to order for the hearing.

The Department's procedure is to contact parties to obtain their positions before issuing a determination. The file reflects that the employee's statement to the adjudicator contained the name of the individual who he claimed at the hearing gave him permission to leave early. The employer could have obtained this statement from the hearing office prior to the hearing. Wis. Admin. Code § DWD 140.09(1). Since the information the employee provided at the hearing was discoverable by the employer prior to that hearing, the commission declines to order additional hearing in this case. The employer failed to establish at the hearing that the employee engaged in conduct that demonstrated an intentional and substantial disregard of the employer's interests.

cc: Wal-Mart Associates, Inc. - Sturtevant, WI 53177


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uploaded 2003/12/16