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

KEITH D STEWART, Claimant

UNEMPLOYMENT INSURANCE DECISION
Hearing No. 05000736MD


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, except that it makes the following modifications:

The second sentence of paragraph 3 of the appeal tribunal's FINDINGS OF FACT AND CONCLUSIONS OF LAW is deleted and the following is substituted therefor:

"Concealment for unemployment compensation purposes consists of a suppression of a fact and implies a purpose or design. Kamuchey v. Trzeaniewski, 8 Wis. 2d 94, 99, 98 N.W. 2d 403 (1959), citing 23 Am. Jur., Fraud and Deceit, p. 851, sec. 77. There must be the intent to receive benefits to which the individual knows he or she is not entitled. Krueger v. LIRC, Case No. 81-CV-559 A, 1982-85 U.C. Digest at 235 (Rock Cty. Cir. Ct. 12-3-82)."

DECISION

The decision of the administrative law judge, as modified, is affirmed. Accordingly, this decision does not require the claimant to forfeit any future benefits otherwise payable.

Dated and mailed June 22, 2005
stewake . umd : 105 : 1   BR 330

/s/ James T. Flynn, Chairman

/s/ David B. Falstad, Commissioner

/s/ Robert Glaser, Commissioner

 

NOTE: The commission has modified the appeal tribunal decision to delete the administrative law judge's reasoning that concealment does not require specific intent to defraud or obtain benefits to which one is not entitled. Virtually without exception over the last decade and a half, the commission and the courts have required such intent in order to sustain a finding of concealment under Wis. Stat. § 108.04(11)(a).

 


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uploaded 2005/06/27