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

KAREN L LEIX, Claimant

UNEMPLOYMENT INSURANCE DECISION
Hearing No. 09609074MW


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 makes the following:

FINDINGS OF FACT AND CONCLUSIONS OF LAW

The employee was temporarily laid off from an employing unit, a manufacturer, in week 30 of 2009, the week ending July 25. The employee was filing for benefits only for week 30 of 2009. The employee had last filed for unemployment insurance benefits about two decades ago.

The employee initially contacted the telephone initial claims system on July 23, 2009, and established a claim for week 30 of 2009. The next contact she had with the system was on or about August 25, 2009, when she gave notice of unemployment for the week claimed. She requested retroactive benefit credit at that time for week 30 of 2009. She had received the standard claim instruction booklet prior to the end of the 14 day period for filing the claim certification for the week in question. She did not file the claim certification for week 30 of 2009 timely because she believed that the information she provided when initiating the claim sufficed. She did not have any contact with the department which led her to delay her claim notification.

The issue to be decided is whether the employee gave timely notice to the department concerning her unemployment in week 30 of 2009 and, if not, whether the failure to do so was because of any exceptional circumstance which would justify a waiver of the notice requirement.

Wis. Admin. Code § DWD 129.01(4) provides that the requirement to file a weekly claim can be waived based on a reasonable misunderstanding by the claimant based on information given to the claimant by the department. The information provided the employee reminded her to file her weekly claim for benefits every week. However, the employee believed that applied to an ongoing claim and that she had completed all steps necessary for the one week for which she was seeking benefits. The commission has reviewed the information provided the employee and cannot conclude that the employee's interpretation of that information was unreasonable.

The commission therefore finds that for week 30 of 2009, the claimant failed to file a weekly claim certification, within the meaning of Wis. Stat. § 108.08 and Wis. Admin. Code ch. DWD 129, but the reasons for that failure constituted an exceptional circumstance so as to permit a waiver of the notification requirement, within the meaning of that section and chapter.

DECISION

The decision of the administrative law judge is reversed. Accordingly, the employee is eligible for benefits in week 30 of 2009, if she is otherwise qualified.

Dated and mailed January 29, 2010
leixkar : 132 : 5 : CP 380; CP 390

James T. Flynn, Chairperson

/s/ Robert Glaser, Commissioner

/s/ Ann L. Crump, Commissioner

MEMORANDUM OPINION


The commission did not consult with the ALJ who presided at the hearing regarding witness credibility. The employee's testimony was unrebutted. As stated above, after reviewing the information provided the commission believes one not particularly versed in unemployment law and procedures could reasonably conclude that she had done all that she needed to do to receive benefits for one week.


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uploaded 2010/02/10