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

LISA M GOLI-HANSON, Employee

PROFESSIONAL HEALTH CARE SERVICES INC, Employer

UNEMPLOYMENT INSURANCE DECISION
Hearing No. 04403986AP


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 in week 43 of 2004, if otherwise qualified. There is no overpayment.

Dated and mailed February 8, 2005
golihli . usd : 105 : 4   AA 110

/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, even were every assertion by the employer unequivocally true and unchallenged, the result in the case would remain the same. The work the employer had for the employee was approximately 80 miles from the employee's residence. It thus was not in the employee's labor market, which means the employee was under no obligation, in the context of the unemployment insurance law, to accept the work. Indeed, the particulars of the assignment illustrate why this is so. The employee received very short notice of an assignment approximately 80 miles away, an assignment she could not get to with the transportation she had available to her at the time of the assignment. In addition, the assignment was made late enough in the day (in comparison with the employer's previous practice), that the employee no longer had the childcare mechanisms in place for her to accept the assignment. For these reasons, the commission agrees with the administrative law judge that the employee was not with due notice called upon by the employer for work actually available, within the meaning of Wis. Stat. § 108.04(1)(a). The commission therefore has affirmed the appeal tribunal decision.



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