CHRISTOPHER A ALLIE, Employee

GIESE CONCRETE CONSTRUCTION LLC, Employer

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 the positions of the parties, 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, except that it makes the following modifications:

Delete the seventh paragraph under the ALJ's FINDINGS OF FACT and CONCLUSIONS OF LAW and insert therfor:

Wisconsin Statute § 108.04(7)(c), provides:

Paragraph (a) does not apply if the department determines that the employee terminated his or her work but had no reasonable alternative because the employee was unable to do his or her work, or that the employee terminated his or her work because of the verified illness or disability of a member of his or her immediate family and the verified illness or disability reasonably necessitates the care of the family member for a period of time that is longer than the employer is willing to grant leave; but if the department determines that the employee is unable to work or unavailable for work, the employee is ineligible to receive benefits while such inability or unavailability continues.

The decision of the administrative law judge, as modified, is affirmed. Accordingly, the employee is ineligible for benefits beginning in week 24 of 2010, and until four weeks have elapsed since the end of the week of quitting and the employee has earned wages in covered employment performed after the week of quitting equaling at least four times the employee's weekly benefit rate which would have been paid had the quitting not occurred.

Dated and mailed January 14, 2011

By the Commission

/s/ James T. Flynn, Chairperson

/s/ Robert Glaser, Commissioner

/s/ Ann L. Crump, Commissioner

The employee has petitioned for commission review of the adverse appeal tribunal decision which found that the employee voluntarily terminated his work for the employer but not for any reason that permits immediate benefit payment. The ALJ relied on a commission decision issued in 2004 and referenced whether the employee explored "all reasonable alternatives to quitting." However, 2009 Wisconsin Act 11, effective with quits occurring in week 22 of 2009 and later, modified Wis. Stat. § 108.04(7)(c) with regard to quitting to care for a family member. The illness or disability of the family member who requires care must be verified but the provision no longer requires that reasonable alternatives be exhausted first. However, the employee did not establish that his mother's illness or disability necessitated that he care for her. The employee quit in June of 2010 and as of the time of the November of 2010 hearing, the employee had not relocated. Further, the employee's mother testified that she did not have any help with activities of daily living.

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uploaded 2011/04/29