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

Subject: Gail A. Till (Hearing No. 96602130MW) v. LIRC and DWD, No. 97-CV-1492 (Wis. Cir. Ct. Waukesha Co. January 29, 1998) Robert G. Mawdsley Circuit Judge.

Digest Codes: BR 330  PC 714.01  PC 715

The employe's employment ended on or about February 14, 1995. She applied for unemployment benefits on March 20, 1995 (week 12). She received and cashed a benefit check in response to that claim. She claimed benefits for the next five weeks (weeks 13 - 17) in each of which she responded in the negative to a question asking whether she had worked during that week. She received and cashed benefit checks for each of those weeks. The employe started a new job paying $1012.50 per week during week 16. An investigation by the department resulted, in March 1996, in one determination of an overpayment for weeks 16 and 17 and one determination imposing a forfeiture for concealment. At a hearing the employe admitted the overpayment but denied concealment. She contended that the overpayment resulted from confusion with the telephone application process. She repaid the overpayment. At a second hearing held about seven months later the administrative law judge took administrative notice of the department's records. He then issued a decision finding concealment and imposing a forfeiture. The commission affirmed.

Held: It was not necessary for a department representative to appear at the hearing to introduce the department's records. The administrative code provides for taking administrative notice of department records. The continuance of the hearing allowed the administrative law judge to secure the facts in as direct and simple a manner as possible. Based on the records the administrative law judge and the commission could infer that the employe concealed work and wages. Forfeiture affirmed.

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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