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

CHRISTOPHER J BLOTZER, Employee

ENTERPRISE RENT A CAR INC, Employer

UNEMPLOYMENT INSURANCE DECISION
Hearing No. 06004564MD


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 benefits in weeks 25 through 31 of 2006.

Dated and mailed March 30, 2007
blotzch . usd : 145 : 1   CP 360

/s/ James T. Flynn, Chairman

/s/ Robert Glaser, Commissioner

MEMORANDUM OPINION

In his petition for commission review the employee argues that his fact pattern places him within the exceptions set forth in Wis. Admin. Code § DWD 129.01(4)(b). The employee argued at the hearing that the employer essentially persuaded him not to file for benefits by informing him that it would provide additional hours in future weeks. The employee argues that this is similar to Dushack v. Goodyear Tire & Rubber Co., UI Dec. No. 00005110MD (December 29, 2000). In that case, the employee was given information that was possibly incorrect that also discouraged her from filing for benefits. This case is unlike Dushack and other cases cited by the employee, because the fact that the employee believed he would get additional work in the future did not affect his decision about whether to file for benefits in any current week. The employee failed to file for benefits because he was not aware that he could file for benefits even though he was still partially employed. The employer's assurance of future work did not persuade him not to file for benefits.

cc:
Attorney Franz J. Maurer
Attorney Eric Rumbaugh
Enterprise Rent A Car, Inc. (Waukesha, Wisconsin)



Appealed to Circuit Court.  Affirmed September 4, 2007.  [ Circuit Court Decision summary]

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uploaded 2007/03/30