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

STEVEN B FANI, Claimant

UNEMPLOYMENT INSURANCE DECISION
Hearing No. 11601308RC


O R D E R


Wisconsin Statute § 108.09(6)(d), provides that the commission may affirm, reverse, modify or set aside the appeal tribunal decision on the basis of the evidence previously submitted, may order the taking of additional evidence, or it may remand the matter to the department for further proceedings. Pursuant to authority granted in Wis. Stat. § 108.09(6)(d), the commission sets aside the appeal tribunal decision in the above-referenced matter and remands the matter for a new hearing before, and decision by, a different ALJ.

Dated and Mailed June 22, 2011
fanist2 . usd : 132 : 1 CP 370 : PC 735 : SW 875

BY THE COMMISSION:

/s/ Robert Glaser, Chairperson

/s/ Ann L. Crump, Commissioner

/s/ Laurie R. McCallum, Commissioner

NOTE: The ALJ found that because the claimant was not being paid he had no wages in the weeks filed. The ALJ cited the general definition of wages found in Wis. Stat. § 108.02(26)(a). The department has appealed the ALJ's decision. As noted by the department, pursuant to Wis. Stat. § 108.02(26)(b)5., wages includes the reasonable value of services performed by an officer of an S corporation, if the officer receives no payment for the services or less than the reasonable value of the services. The commission has remanded the companion case involving weeks in 2010. Further, the claimant's testimony raises the possible issue of overpayment waiver due to departmental error.

cc: Daniel J. Larocque


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