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

JUSTIN N USINGER, Employee

JADE ELECTRONICS INC, Employer

UNEMPLOYMENT INSURANCE DECISION
Hearing No. 08602154RC


O R D E R


Pursuant to authority granted in Wis. Stat. § 108.09 (6)(d), the Labor and Industry Review Commission orders that the appeal tribunal decision issued on April 11, 2008, be set aside and this matter be remanded for a new hearing and decision.

Dated and mailed May 22, 2008
usingju . usd : 145 : 1

James T. Flynn, Chairperson

/s/ Robert Glaser, Commissioner

/s/ Ann L. Crump, Commissioner

NOTE: The ALJ stated that in Smith v. Milwaukee Transport Services Inc., UI Dec. Hearing No. 06603123MW (LIRC, July 7, 2006) the commission found that in a situation where the claimant alleges that they have been discharged as the employee had at the hearing, and the employer does not appear, no testimony needs to be taken and that concludes the matter, so the ALJ closed the hearing without taking any testimony. However, in Canady v. Childrens Pantry Family Resource Center, Inc., UI Dec. Hearing No. 08600122MW (LIRC, March 28, 2008), the commission held that when the appellant does appear, the ALJ has the obligation to take testimony from the appellant, even if, because of the fact that one party has not appeared, that testimony is limited to eliciting basic facts about the nature of the separation.
 

cc: Daniel J. La Rocque


 

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