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

CHRISTOPHER A SAYGO, Claimant

UNEMPLOYMENT INSURANCE DECISION
Hearing No. 10605416MW


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 shall forfeit $1,452 in unemployment benefits that become payable by May 21, 2016.

Dated and mailed November 12, 2010
saygoch : 132 : 5  BR 330 :  CP 380

/s/ James T. Flynn, Chairperson

/s/ Robert Glaser, Commissioner

Ann L. Crump, Commissioner

MEMORANDUM OPINION

The claimant has petitioned for commission review of the appeal tribunal decision which found that he concealed his unavailability for work in weeks 11 though 14 of 2010. The ALJ did not credit the claimant's testimony that he did not give his wife permission to file his claims. The commission likewise does not credit his testimony particularly since he testified that neither he nor his wife were aware that he could not file for benefits while incarcerated.

The employee states that he and his wife use the same PIN number. However, the employee was instructed in the Handbook for Claimants:

Your PIN is a 4-digit number you make up before you apply. The UI Telephone System and Internet applications will use your PIN and social security number to identify you when you apply. The same PIN must be used for all UI services.

Your PIN protects you from having another person file your claim or obtain information about your claim. Make up a PIN that you will remember but that is unusual enough so others will not guess it. Do not give your PIN to ANYONE. You are responsible for all claims filed and all information given to this department using your Personal Identification Number and Social Security Number.



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