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

PETER M MACHI, Claimant

SER JOBS FOR PROGRESS NATIONAL INC, Employer

UNEMPLOYMENT INSURANCE DECISION
Hearing No. 11607757MW


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 not eligible for unemployment benefits based on this employment with the employer.

Dated and Mailed January 23, 2012

BY THE COMMISSION:

/s/ Robert Glaser, Chairperson

/s/ Ann L. Crump, Commissioner

/s/ Laurie R. McCallum, Commissioner

MEMORANDUM OPINION

The claimant petitioned the adverse appeal tribunal decision which held that, as of week 21 of 2011, he performed services in an unemployment work-training program assisted or financed in whole or in part by a federal agency or an agency of a state or political subdivision thereof, and that such services for the employer were not covered under the Wisconsin unemployment insurance law, within the meaning of Wis. Stat. § 108.02(15)(g)1.

In his petition for commission review, the claimant alleges that the employer at issue failed to provide him work within his medical limitations and submits medical documentation regarding his physical disability. The commission notes that this information is irrelevant to the present case and will not consider it when making a decision.

The claimant worked as a "participant trainee" for the employer, a work-training organization for senior citizens with barriers to employment. His last day of work was on May 16, 2011 (week 21). The organization for which the claimant worked was financed by the federal government. Applying the statutory section referenced above, the work performed for the employer is not considered "employment" for unemployment insurance purposes. Therefore, the commission agrees with the findings of the administrative law judge and affirms the appeal tribunal decision.

 

 


machipe . usd : 102 : 2

cc: River View Ct Apts, Milwaukee, WI 53202


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