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

JAMES L LANGERMAN, Claimant

TRADE ACT DECISION
Hearing No. 06603992RC


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 claimant is ineligible for ATAA.

Dated and mailed September 29, 2006
langeja . tsd : 185 : 1  ATAA

/s/ James T. Flynn, Chairman

/s/ David B. Falstad, Commissioner

/s/ Robert Glaser, Commissioner

MEMORANDUM OPINION

The claimant has presented an equitable argument for granting an exception to the 26-week rule of 19 U.S.C. § 2318(a)(3)(B)(ii), based on the fact that he was disabled due to surgery between the date of his layoff on March 20, 2005, and November 8, 2005. He found new employment on March 17, 2006, almost 52 weeks after his layoff. However, the Alternative Trade Adjustment Assistance program is promulgated under federal law, and no state has authority to alter the legal requirements for eligibility. The above-cited federal statute requires re-employment within 26 weeks of layoff in order to be eligible for ATAA, and no "good cause" exception to this requirement is available. The claimant's circumstances are unfortunate, but under the law he is not eligible for ATAA, and the commission has no authority to grant an exception.

cc: Ganton Technologies, Inc.



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