STEVEN B FANI, Claimant
/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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uploaded 2011/08/15