Wis.LIRC UC Decision: Turrentine, Kimberly - September 15, 1994 - BR 330 - Concealment of material facts by claimant; forfeiture for - benefits used to satisfy a forfeiture are considered to have been paid to the claimant - where entitlement to those benefits is subsequently affected by determination that claimant was ineligible, amount is restored to the forfeiture balance

STATE OF WISCONSIN
LABOR AND INDUSTRY REVIEW COMMISSION

In the matter of the unemployment benefit claim of

KIMBERLY L TURRENTINE, Employee

Involving the account of

AMERICAN SOCIETY FOR QUALITY CONTROL INC, Employer

UNEMPLOYMENT INSURANCE DECISION
Hearing No. 94605015MW

Pursuant to the timely petition for review filed in the above-captioned matter, the commission has considered the petition and all relief requested. The commission has reviewed the applicable records and evidence and finds that the appeal tribunal's findings of fact and conclusions of law are supported thereby, and adopts such findings and conclusions as its own, except as herewith modified:

Delete the NOTE portion of the appeal tribunal decision dated July 11, 1994.

DECISION

The decision of the appeal tribunal is modified to conform with the foregoing and, as modified, is affirmed. Accordingly, the employe is ineligible for benefits beginning in week 16 of 1994, and until seven weeks have elapsed since the end of the week of discharge and she has earned wages in covered employment performed after the week of discharge equaling at least 14 times her weekly benefit rate which would have been paid had the discharge not occurred. The benefit payment for weeks 17 through 22 of 1994 was withheld as a forfeiture. Since benefits are now denied for those weeks, that payment cannot be applied to the forfeiture. The amount restored to the forfeiture balance is $966. This matter is remanded to the department to determine whether the recovery of benefits paid in week 19 through 22 of 1994, may be waived pursuant to section 108.22 (8)(a), Stats.

Dated and mailed September 15, 1994
132 : 6168 BR 330

/s/ Pamela I. Anderson, Chairman

/s/ Richard T. Kreul, Commissioner

/s/ James R. Meier, Commissioner

MEMORANDUM OPINION

The commission has remanded this matter back to the department to determine whether, pursuant to section 108.22 (8) (a), Stats., waiver of recovery of benefits paid in weeks 19 and thereafter is appropriate. Although the employe did not actually receive those benefits, they were in fact paid to her.

cc:
Gregory A Frigo, Director
Bureau of Legal Affairs

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