GRADY GIBSON, Employee

MANITOWOC CRANES INC, Employer

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, except that it makes the following modifications:

1. Delete the seventh and eighth paragraph after FINDINGS OF FACT and CONCLUSIONS OF LAW and substitute therefor:

Wisconsin Stat. § 108.04(7)(c) provides:

Paragraph (a) does not apply if the department determines that the employee terminated his or her work but had no reasonable alternative because the employee was unable to do his or her work, or that the employee terminated his or her work because of the verified illness or disability of a member of his or her immediate family and the verified illness or disability reasonably necessitates the care of the family member for a period of time that is longer than the employer is willing to grant leave; but if the department determines that the employee is unable to work or unavailable for work, the employee is ineligible to receive benefits while such inability or unavailability continues.

The employee presented, at the hearing, medical evidence to substantiate his assertion that his mother had a serious medical condition which required his care. However, the employee has not established that he is able to work and available for work. At best he hoped to get part-time employment while his mother was asleep. The employee had family medical leave, and was using it to go back and forth to Mississippi. The employer offered him additional leave but the employee was likely to be in Mississippi until well after his leave was used up. The employer agreed that the employee quit because the employee had the responsibility of caring for an elderly parent with medical needs. Thus, while the employee quit his job because of the verified illness of his mother, he is not able to work and available for work.

The appeal tribunal therefore further finds that in week 37 of 2011, the employee terminated work with the employer because the employee because of the verified illness of a member of his family which reasonably necessitated care of the family member for a period longer than the employer was willing to grant leave, within the meaning of Wis. Stat. § 108.04(7)(c), but that the employee was not able to work and available for work on the general labor market as of that week, within the meaning of that section.

The decision of the administrative law judge, as modified, is affirmed. Accordingly, the employee is ineligible for unemployment benefits beginning in week 37 of 2011, and until he is again able to work and available for suitable work.

Dated and mailed February 22, 2012

BY THE COMMISSION:

/s/ Robert Glaser, Chairperson

/s/ Ann L. Crump, Commissioner

/s/ Laurie R. McCallum, Commissioner

The employee has petitioned for commission review of the adverse appeal tribunal decision. The employee has not explained why he disagrees with the appeal tribunal decision so the commission cannot address his specific concerns. However, after reviewing the record in this matter the commission concludes that the employee has failed to establish that he was able to work and available for work. The commission modified the appeal tribunal decision to correct a finding which was inconsistent with the ALJ's conclusion, in the DECISION paragraph, that the employee quit pursuant to Wis. Stat. § 108.04(7)(c), but was not able to work and available for work.

gibsogr . umd : 145 : 5

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