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

TODD F GROHALL, Employee

TLK CONSTRUCTION LLC, Employer

UNEMPLOYMENT INSURANCE DECISION
Hearing No. 11600764WK


An administrative law judge (ALJ) for the Division of Unemployment Insurance of the Department of Workforce Development issued a decision in this matter on March 10, 2011. 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 first and second full paragraphs of the ALJ's March 10, 2011, decision and insert therefor:

The employer contended that the employee's refusal of the recall should result in disqualification for benefits and that it should not be charged for benefits paid to the employee while he is in approved training. However, pursuant to Wis. Stat. § 108.04(16)(am), the department cannot disqualify a claimant in approved training for failing to accept recall. However, pursuant to Wis. Stat. 108.04(16)(e), the department must charge to the balancing account the cost of benefits paid to a claimant that are otherwise chargeable to the account of a contribution employer, if the claimant receives benefits based on the application of Wis. Stat. 108.04(16)(am). Therefore, the employer's account will not be charged for benefits paid to the claimant.

DECISION

The decision of the administrative law judge issued on March 15, 2011, is set aside. The decision of the administrative law judge issued on March 10, 2011, as modified, is affirmed. Accordingly, the employee is eligible for benefits, if otherwise qualified. Pursuant to Wis. Stat. § 108.04(16)(e), the employer's account will not be charged for benefits paid to the employee.

Dated and mailed June 16, 2011
grohato . umd : 132 : 1 : AA 205 : SW 800 : SW 805

BY THE COMMISSION:

/s/ Robert Glaser, Chairperson

/s/ Ann L. Crump, Commissioner

/s/ Laurie R. McCallum, Commissioner

MEMORANDUM OPINION

The commission has set aside the ALJ's March 15, 2011, amended decision because the employer filed an appeal to the ALJ's original March 10, 2011, decision on March 15, 2011. The commission has modified the ALJ's decision consistent with the amendments the ALJ made in the March 15, 2011, decision. The ALJ's original decision did not reflect the most recent changes to Wis. Stat. § 108.04(16). In the past, an employer's account would be charged for benefits paid to a claimant in approved training. However, as a result of 2009 Wisconsin Act 287, effective with weeks of unemployment beginning on or after October 3, 2010, benefits paid to a claimant enrolled in approved training are charged to the fund's balancing account.


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


uploaded 2011/08/15