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

VALERIE J THOMPSON, Employee

AURORA WEST ALLIS MEDICAL CENTER, Employer

UNEMPLOYMENT INSURANCE DECISION
Hearing No. 11603198MW


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 not eligible for extended training benefits as of week 10 of 2011.

Dated and mailed August 26, 2011
thompva . usd : 152 : 1   AA 205 : SW 805

BY THE COMMISSION:

/s/ Robert Glaser, Chairperson

/s/ Ann L. Crump, Commissioner

/s/ Laurie R. McCallum, Commissioner

MEMORANDUM OPINION

The employee petitioned for commission review of the adverse appeal tribunal decision which held that she was not eligible for extended training benefits as of week 10 of 2011 because she was not enrolled in approved training on a full-time basis.

Department records show that the employee exhausted her rights to regular, emergency, and extended unemployment insurance benefits in week 9 of 2011. The only benefits potentially available to the employee beginning in week 10 of 2011 were extended training benefits. In order to be eligible for extended training benefits under Wis. Stat. § 108.06(7), an individual must be enrolled in a training program of a type specified in Wis. Stat. § 108.04(16)(a). Under Wis. Stat. § 108.04(16)(a),[see Editor's note below] to be considered in approved training, an individual must be enrolled full-time in a course of vocational training or basic education which is a prerequisite to such training. The training institution determines what is considered full-time.

In her petition for review, the employee argued that she was a full-time student at an approved-training institution until the last week of March 2011, when she went part-time to complete her clinical training. The employee's argument is inconsistent with her testimony and the documentary evidence introduced at hearing on May 6, 2011.

The employee testified that she attended a program to become a certified nursing assistant (CNA) on a part-time basis from February 19 through April 10, 2011. The employee testified that she attended classes during those weeks on Friday evenings and all day on Saturday and Sunday and that her hours were the same throughout the program. She participated in clinical training on March 20, 21, 27, and 28, 2011. The employee's receipt (Exhibit #4) confirmed that the employee was enrolled in the institution's weekend CNA program. The employee testified that she had planned to enroll in the institution's full-time, 15-day program but there were not enough students enrolled for the full-time program to go forward.

The commission's rules provide, at Wis. Admin. Code § LIRC 1.04, that review by the commission shall be based on the record of the case, including the evidence previously submitted at hearing before the department. The commission has considered the record in this matter and arrives at the same result as the administrative law judge.

Editor's note:  Statutory provision should be Wis. Stat. § 108.04(16)(a)1.


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uploaded 2011/09/13