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

DANIEL J HURLEY, Claimant

UNEMPLOYMENT INSURANCE DECISION
Hearing No. 10611646WK


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 to received Emergency Unemployment Compensation Tier 4.

Dated and Mailed March 31, 2011

BY THE COMMISSION:

/s/ Robert Glaser, Chairperson

/s/ Ann L. Crump, Commissioner

/s/ Laurie R. McCallum, Commissioner

MEMORANDUM OPINION

The claimant has petitioned for commission review of the appeal tribunal decision which found that he had exhausted his eligibility for both regular state UI benefits and EUC benefits as of week 35 of 2010. The claimant questions what law is used to determine the administrative decision that once an individual is on Wisconsin Extended Benefits the individual must continue through all 20 weeks before getting into any new federal programs.

Supplemental Appropriations Act of 2008 (Public Law 110-252), enacted on July 7, 2008, provides:

(e) Election by States- Notwithstanding any other provision of Federal law (and if State law permits), the Governor of a State that is in an extended benefit period may provide for the payment of emergency unemployment compensation prior to extended compensation to individuals who otherwise meet the requirements of this section.

As the claimant notes, former Governor Doyle's Executive Order 273, suspended extended benefits to allow payment of EUC. However, subsequent to that Executive Order the Worker, Homeownership, and Business Assistance Act of 2009 (Worker Assistance Act), Public Law 111-92, was enacted on November 6, 2009, and provides:

SEC. 5. COORDINATION.

Section 4002 of the Supplemental Appropriations Act, 2008 (Public Law 110-252; 26 U.S.C. 3304 note), as amended by section 4, is amended by adding at the end the following new subsection:

(f) COORDINATION RULES.-

(1) COORDINATION WITH EXTENDED COMPENSATION.-Notwithstanding an election under section 4001(e) by a State to provide for the payment of emergency unemployment compensation prior to extended compensation, such State may pay extended compensation to an otherwise eligible individual prior to any emergency unemployment compensation under subsection (c), (d), or (e) (by reason of the amendments made by sections 2, 3, and 4 of the Worker, Homeownership, and Business Assistance Act of 2009), if such individual claimed extended compensation for at least 1 week of unemployment after the exhaustion of emergency unemployment compensation under subsection (b) (as such subsection was in effect on the day before the date of the enactment of this subsection).

The coordination rule set forth above allows the state the option to pay extended compensation rather than EUC.


[ Search UC Decisions ] - [ UC Digest - Main Index ] - [ UC Legal Resources ] - [ LIRC Home Page ]


uploaded 2009/04/29