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

SUSAN K DODGE, Employee

CLEAVER BROOKS INC, Employer

UNEMPLOYMENT INSURANCE DECISION
Hearing No. 11000115JV


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.

DECISION

The decision of the administrative law judge is affirmed. Accordingly, as of week 43 of 2010 (October 17 to 23), the employee is ineligible for extended training benefits.

Dated and mailed June 22, 2011
dodgesu . usd : 132 : 1

BY THE COMMISSION:

/s/ Robert Glaser, Chairperson

/s/ Ann L. Crump, Commissioner

/s/ Laurie R. McCallum, Commissioner

MEMORANDUM OPINION

The employee has petitioned for commission review of the adverse appeal tribunal decision which found that the employee was not eligible for extended training benefits under 108.06(7) because she was not enrolled in a course of approved training as defined under Wis. Stat. § 108.04(16), within 52 weeks of the end of her benefit year. The Department uses the definition of "enrolled" as used for Trade Adjustment Assistance For Workers Under The Trade Act Of 1974. See 20 CFR 617.11(a)(2)(vii)(D). A claimant is considered "enrolled" in a training program when all the following conditions have been met:

1) The claimant has applied for the training program.
2) The claimant's application has been approved.
3) The educational institution provided notification that the claimant has been accepted into the approved training program.
4) The training program is to begin within 30 calendar days.

The employee's benefit year ended in week 46 of 2009. The employee must meet the definition of enrolled by week 45 of 2010, the calendar week ending November 6, 2010. The employee was not "enrolled" by week 45 of 2010 because her training program did not begin within 30 calendar days of that week. The employee did not start classes until January 11, 2011.


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uploaded 2011/08/15