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

JIMMIE COLLINS JR, Claimant

UNEMPLOYMENT INSURANCE DECISION
Hearing No. 09002954MD


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 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 Emergency Unemployment Compensation benefits as of week 29 of 2008. The claimant is required to repay the sum of $7,199 to the Unemployment Reserve Fund plus whatever relevant FAC funds he was paid.

Dated and mailed October 16,2009
colliji : 132 : 5   BR 338

/s/ James T. Flynn, Chairperson

/s/ Robert Glaser, Commissioner

/s/ Ann L. Crump, Commissioner

MEMORANDUM OPINION

The employee has petitioned for commission review of the appeal tribunal decision which found that he was not an "exhaustee" for EUC purposes and had been overpaid benefits in the amount of $7,199.00 that he was required to repay. The ALJ did not credit the employee's claim that he informed the claims taker on April 12, 2008 that he worked in Tennessee. The commission agrees with that credibility determination. The employee was asked when he filed his claim whether he worked in another state and pressed "9" indicating that he had not. Further, the employee was sent an EUC-707 form on July 25, 2008, which instructed him to contact the department if he was eligible in another state. The employee did not contact the department at that time. Even if the employee had previously advised the department of his out-of-state employment, he was again obligated to do so when the issue became relevant to determining his status as an "exhaustee."

A monetary computation performed in May of 2009 showing out-of-state work does not establish that the department was aware of such work in July of 2008.



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uploaded 2009/10/23