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

SHONDA J RAY, Employee

COUNTY OF MILWAUKEE, Employer

UNEMPLOYMENT INSURANCE DECISION
Hearing No. 11601704MW


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, the employee is ineligible for benefits beginning in week 3 of 2011, and until seven weeks have elapsed since the end of the week of discharge and the employee has earned wages in covered employment performed after the week of discharge equaling at least 14 times the employee's weekly benefit rate which would have been paid had the discharge not occurred. The employee is required to repay the sum of $3,549.00 to the Unemployment Reserve Fund.

Dated and Mailed June 30, 2011
rayshon . usd : 178 : 1

BY THE COMMISSION:

/s/ Robert Glaser, Chairperson

/s/ Ann L. Crump, Commissioner

/s/ Laurie R. McCallum, Commissioner

MEMORANDUM OPINION

In her petition for commission review, the employee argues that she was unaware that she could not add her disabled mother to her health insurance. She explains that she did not know it was wrong until the employer brought it to her attention months later.

The commission does not find the employee's argument credible. The employee was required to affirm during the enrollment process that she understood that eligibility for employer provided health insurance was limited to spouses and dependent children. The employee testified at the hearing that she was uncertain if her mother would qualify but she never contacted anyone in human resources or payroll to confirm if her mother was eligible. The employee committed fraud when she added an ineligible person to her health insurance. Her discharge was for misconduct connected with her employment. She is required to repay benefits that she received that she was not entitled to.

cc: Mark A Grady


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uploaded 2011/08/15