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

MICHAEL H FISCHER, Claimant

UNEMPLOYMENT INSURANCE DECISION
Hearing No. 09610511MW


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 benefits beginning in week 13 of 2009 and continuing until such time as the claimant meets the requirements under EUC08. The claimant is required to repay the sum of $7,550 to the Unemployment Reserve Fund.

Dated and mailed April 14, 2010
fischmi : 132 : 5 BR 338

James T. Flynn, Chairperson

/s/ Robert Glaser, Commissioner

/s/ Ann L. Crump, Commissioner

MEMORANDUM OPINION

The claimant has petitioned for commission review of the appeal tribunal decision which found that he was not an exhaustee for EUC purposes and was overpaid benefits that must be repaid. The claimant argues that the record does not establish that a correctly addressed Form EUC08-707 was sent to the claimant. However, the department witness testified that that the form was sent to the claimant on March 25, 2009. That form is computer generated. The only address to which it can be sent is the one provided by the claimant. The claimant acknowledged that he received other correspondence from the department. There is nothing to suggest that the department did not have the claimant's correct address at the time the form was sent.

The claimant argues that he previously reported out-of-state wages to the department. However, the commission has previously considered such argument. In Roblee, UI Dec. Hearing No. 09608672MW (Feb. 3, 2010) the commission noted:

The claimant argued that he reported wages from an out-of-state employer prior to September of 2008. However, the department witness explained that the system cannot be programmed for checking out of state wages which is why the department mails the EUC08-707 to individuals potentially eligible for EUC08. In Hanson, UI Dec. Hearing No. 09201164EC (LIRC Oct. 23, 2009), the commission stated:

[T]he department seeks to identify individuals with eligibility in other states by sending an EUC08-707 which asks the claimant to contact the department if the claimant has worked in another state in the last 18 months. This information is requested when a claimant becomes potentially eligible for EUC benefits. It is reasonable for the department to ask individuals who have worked out of state to alert the department of that work when it becomes relevant to determining EUC eligibility.

See also, Engelking, UI Dec. Hearing No. 09201937EC (LIRC Jan. 29, 2010); Collins, UI Dec. Hearing No. 09002954MD (LIRC Oct. 16, 2009) and Wiemeri, UI Dec. Hearing No. 09201025EC (Aug. 21, 2009).

cc: Attorney Jill M. Hartley


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uploaded 2010/05/12