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

NELLY C WILLIAMSON, Claimant

UNEMPLOYMENT INSURANCE DECISION
Hearing No. 11600278RC


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 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 claimant is required to repay the sum of $1,129.00 to the Unemployment Reserve Fund.

Dated and mailed August 3, 2011

BY THE COMMISSION:

/s/ Robert Glaser, Chairperson

/s/ Ann L. Crump, Commissioner

Laurie R. McCallum, Commissioner

MEMORANDUM OPINION

The claimant has petitioned for commission review of the adverse appeal tribunal decision which found that the claimant was not an exhaustee for EUC08 purposes and was overpaid EUC08 benefits that she was required to repay.

The claimant argues that she previously reported out-of-state wages to the department. However, the commission has previously considered such argument. In Roblee, UI Dec. Hearing No. 09608672MW (Feb. 3, 2010) the commission noted:

The claimant argued that he reported wages from an out-of-state employer prior to September of 2008. However, the department witness explained that the system cannot be programmed for checking out of state wages which is why the department mails the EUC08-707 to individuals potentially eligible for EUC08. In Hanson, UI Dec. Hearing No. 09201164EC (LIRC Oct. 23, 2009), the commission stated:

[T]he department seeks to identify individuals with eligibility in other states by sending an EUC08-707 which asks the claimant to contact the department if the claimant has worked in another state in the last 18 months. This information is requested when a claimant becomes potentially eligible for EUC benefits. It is reasonable for the department to ask individuals who have worked out of state to alert the department of that work when it becomes relevant to determining EUC eligibility.

See also, Engelking, UI Dec. Hearing No. 09201937EC (LIRC Jan. 29, 2010); Collins, UI Dec. Hearing No. 09002954MD (LIRC Oct. 16, 2009) and Wiemeri, UI Dec. Hearing No. 09201025EC (Aug. 21, 2009).

The claimant acknowledged at the hearing that she received the Form EUC08-707. The claimant testified that she did not contact the department to report her wages after she received that form.

The claimant also states that in January of 2011, after the department determined she was no longer eligible for benefits, she was sent a check. However, the decision before the commission does not involve any payment to the claimant for weeks in January of 2011. The records available to the commission do not reflect any benefit payment to the claimant in January of 2011. If the claimant believes she has been erroneously paid benefits for weeks in January of 2011, she should contact the department to resolve any potential eligibility issues.


willin2 . usd : 132 : 1

cc: Attorney Mary L. Poletti


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uploaded 2011/09/13