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


JONAH V CAPPARO, Employe

VITAL LIVING CENTER, Employer

UNEMPLOYMENT COMPENSATION DECISION
Hearing No. 97004832MD


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 employe is ineligible for benefits beginning in week 35 of 1997, and until four weeks have elapsed since the end of the week of quitting and he has earned wages in covered employment performed after the week of quitting equaling at least four times the employe's weekly benefit rate which would have been paid had the quitting not occurred.

Dated and mailed: December 17, 1997
cappajo.usd : 105 : 7 VL 1033

/s/ Pamela I. Anderson, Chairman

/s/ David B. Falstad, Commissioner

MEMORANDUM OPINION

The commission is not unsympathetic to the employe's circumstances, but Wisconsin law does not provide for benefit eligibility in the employe's case. That is, there is no general exception to the Wis. Stat. § 108.04 (7)(a) benefit disqualification for relocations in order to search for work. The evidence at the hearing was insufficient to establish that there were no job opportunities for the employe in this area, thus forcing his relocation elsewhere. Absent such evidence, though, the quit then becomes one for the personal reason of the move to Colorado. Since there is no exception in the statutes for this kind of circumstance, the commission believes the appeal tribunal properly found the employe ineligible for benefits based upon his quit of the janitorial work.

cc: ATTORNEY WILLIAM BENJAMIN


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