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

KAREN L GEURINK, Employee

AVENUE AMOCO, Employer

UNEMPLOYMENT INSURANCE DECISION
Hearing No. 03201761WU


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, no benefits can be paid based on services performed for the employer.

Dated and mailed August 31, 2004
geurika . usd : 105 : 1  ER 465

/s/ James T. Flynn, Chairman

/s/ David B. Falstad, Commissioner

/s/ Robert Glaser, Commissioner

MEMORANDUM OPINION

The commission has affirmed the appeal tribunal decision in this matter, because the administrative law judge reached the only conclusion the law allows. The employee's attorney cites several decisions involving individuals who were owners of what are called limited liability companies, but such entities are not partnerships under Wisconsin law. Wisconsin Stat. § 108.02(12)(dn) expressly excludes from the definition of employee a partner in a business operating as a partnership. In other words, partners in a partnership are employers and not employees. For this reason, the commission has affirmed the appeal tribunal decision in this case.

cc: Attorney Craig A. Knapp



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uploaded 2004/09/08