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

DANNIE L BOHANNON, Employee

CORNWELL PERSONNEL ASSOCIATES LTD, Employer

UNEMPLOYMENT INSURANCE DECISION
Hearing No. 03607072MW


O R D E R

Pursuant to authority granted in Wis. Stat. § 108.09(6), the Labor and Industry Review Commission hereby sets aside the appeal tribunal decision in the above-referenced matter issued on August 28, 2003, and remands this matter back to Administrative Law Judge McKeown for further hearing and a new decision. At the hearing the ALJ indicated that he would be issuing a decision based on a COED report generated after hearing which he stated would be marked as exhibit three. However, due process requires that parties be given the opportunity to view and object to the report before a decision is issued. There is no evidence that the parties were given that opportunity in this case. In addition, the decision contains no finding on whether the employee was otherwise able and available for work. In the event that the ALJ finds good cause for the failure to accept, such a finding should be included.

Dated and mailed May 6, 2004
bohanda . upr : 178 : 1   PC 714.01  PC 714.06 PC 715 

/s/ David B. Falstad, Chairman

/s/ James T. Flynn, Commissioner

/s/ Robert Glaser, Commissioner


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uploaded 2004/05/10