Wisconsin Labor and Industry Review Commission --
Summary of Wisconsin Court Decision relating to Unemployment Insurance

Subject: Jason Tyler Lounsbury (Hearing No. 97001936MD) v. Admin. Law Judge Ms. Ottenstein and LIRC, No. 97-CV-266 (Wis. Cir. Ct. Jefferson County April 9, 1998) John M. Ullsvik Circuit Judge

Digest Codes: AA 230.04  BR 335.01  PC 714.03

The employe worked for a golf club owned by his parents as a bartender, greenskeeper and maintenance from March 1996 to November 1, 1996. He had worked this schedule for three years. He claimed unemployment benefits in December 1996. He was sent a weekly work search notice. On his weekly claim form he answered affirmatively a question asking if he looked for work. He did not turn in any work search forms. In February 1997 he was asked for a copy of his work search record. He did not respond. In March 1997 he received a scheduled telephone interview call. He did not have his records available. The commission found that the employe failed to make a reasonable search for suitable work and that he concealed a material fact relating to benefit eligibility. It established an overpayment and imposed a forfeiture.

Held: Documents which the employe submitted to the court which were not presented to the department or the commission cannot be reviewed by the court. This dispute exists largely because of the employe's work search record keeping or the lack of it. Without sufficient records the employe's credibility was put in question. The burden to prove that there was a search for work is on the employe. The record contains a sufficient basis for a determination that the employe's testimony about his work search was not credible. Witness credibility is for the commission. The record contains credible and substantial evidence to support the findings and conclusions of the commission.

Please note that this is a summary prepared by staff of the commission, not a verbatim reproduction of the court decision.

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