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

ROBERT R GRUBICH, Claimant

UNEMPLOYMENT INSURANCE DECISION
Hearing No. 11610473MW


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 claimant shall forfeit $7,986 in benefits that may otherwise become payable during the period ending October 21, 2017.

Dated and mailed March 16, 2012
grubiro2 : 185 : 5

BY THE COMMISSION:

/s/ Robert Glaser, Chairperson

/s/ Ann L. Crump, Commissioner

/s/ Laurie R. McCallum, Commissioner

MEMORANDUM OPINION

In the petition for commission review, the claimant reasserts his allegation that he did not know he was required to answer "Yes" to the claim form question asking whether he worked in each of the weeks in question. He asserted that because the work he performed was part-time, and because he allegedly took the job primarily to receive golf-related discounts, his "No" answer on the claim forms was appropriate. However, there is no ambiguity in the simple question: "Did you work?" Part-time work is work, and part-time wages are wages. The fact the claimant wanted to receive golf-related discounts does not change the fact that he received wages for work performed in the weeks in question. The claimant intentionally concealed work and wages in weeks 20 through 40 of 2011, and as a result he is ineligible for unemployment benefits in those weeks and must repay the $7,623 in benefits he received. Also, his acts of concealment result in forfeiture of $7,986 in future unemployment benefits that might otherwise be payable during the period ending October 21, 2017.

 


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uploaded 2012/04/27