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

SAM K OMOWAYE, Employee

WISCONSIN BUILT INC, Employer

UNEMPLOYMENT INSURANCE DECISION
Hearing No. 12001218MD


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 makes the following:

FINDINGS OF FACT AND CONCLUSIONS OF LAW

The employee began claiming unemployment insurance benefits in 2008. He received benefits periodically in 2008, 2009, and 2010. He established his most recent benefit year on June 7, 2010 (week 24). When the employee's benefit year ended in week 23 of 2011, he was unable to establish a new benefit year. The employee exhausted his rights to regular, emergency, and extended unemployment insurance benefits in week 4 of 2012. The only unemployment insurance benefits for which the employee was potentially eligible as of week 5 of 2012 were extended training benefits under Wis. Stat. § 108.06(7).

The extended training benefits program provides up to 26 weeks of unemployment benefits to claimants who are enrolled in training for entry into a high demand occupation if a number of conditions, as set forth in Wis. Stat. § 108.06(7), are met. Namely, a claimant must have exhausted all rights to state and federal unemployment benefits; must be otherwise eligible for benefits; if not in a current benefit year, must have a benefit year that ended no earlier than 52 weeks prior to the week for which the claimant first claimed extended training benefits; must not be receiving stipends or other training allowances; and must be currently enrolled in approved training, as defined in Wis. Stat. § 108.04(16). All criteria must be met.

As of week 5 of 2012, the employee was enrolled part-time in a paralegal program at Madison Area Technical College (MATC). The spring 2012 semester began on January 18, 2012 (week 3), and ended on or about May 26, 2012 (week 21). The employee's retraining activities are coordinated through WorkSmart, a regional Workforce Investment Act (WIA) program. The employee's course of study at MATC has been approved for funding under WIA. The employee anticipated that, following the end of the spring 2012 semester, he will need to complete two additional courses in order to graduate from the paralegal program. The employee is not able to attend school full-time for health reasons. He applied for financial aid but was not receiving stipends or other training allowances.

The department denied extended training benefits to the employee as of week 5 of 2012 because he was not attending school full-time and was not in his final semester of school. The employee timely appealed the department's determination. Following a de novo hearing, an administrative law judge affirmed the department's determination. The administrative law judge also remanded the matter to the department for a determination as to whether, given his health, the employee was able to work and available for suitable work, a general requirement for unemployment insurance benefits eligibility.

In his petition for commission review, the employee argues that he is eligible for extended training benefits because he is actively participating in approved training through the WorkSmart program. The commission agrees.

As of week 5 of 2012, the first week the employee filed a claim for extended training benefits, the employee had satisfied all of the statutory requirements for extended training benefits. He had exhausted his rights to regular, emergency, and extended unemployment benefits. He was otherwise eligible for benefits. His benefit year ended within the previous 52 weeks. He was not receiving stipends or other training allowances. His schooling was "approved training," as defined in Wis. Stat. § 108.04(16).

Wisconsin Stat. § 108.04(16) provides:

(16) APPROVED TRAINING. (a) In this subsection, "approved training" means:

1. A course of vocational training or basic education which is a prerequisite to such training in which an individual is enrolled if:

a. The course is expected to increase the individual's opportunities to obtain employment;

b. The course is given by a school established under s. 38.02 or another training institution approved by the department;

c. The individual is enrolled full time as determined by the training institution;

d. The course does not grant substantial credit leading to a bachelor's or higher degree; and

e. The individual is attending regularly and making satisfactory progress in the course.

2. A program administered by the department for the training of unemployed workers, other than the youth apprenticeship program under s. 106.13;

3. The plan of any state for training under the federal trade act, 19 USC 2296; or

4. A plan for training approved under the federal workforce investment act, 29 USC 2822.

A claimant who is participating in a course of vocational training or basic education which is a prerequisite to such training must be enrolled full time for it to be considered "approved training," pursuant to Wis. Stat. § 108.04(16)(a)1. However, there is no similar full-time enrollment requirement for claimants participating in training administered by the department or in training approved under the federal trade act or the workforce investment act. Wis. Stat. § 108.04(16)(a)2, 3, and 4.

In this case, the employee's plan to enroll in and complete MATC's paralegal program was approved by his WIA case manager. Consequently, because he was participating in WIA-approved training, he was not required to be enrolled full-time for his schooling to meet the definition of "approved training" under Wis. Stat. § 108.04(16)(a).

In addition, the employee's participation in approved training frees him from the general able and available requirements applicable to other unemployment insurance benefits claimants. Wisconsin Stat. § 108.04(16)(am) prohibits the department from applying any benefit reduction or disqualification under sub. (1)(a), (2)(a), or (8) or s. 108.141(3g)(a) or (c) to an otherwise individual for any week as a result of the individual's enrollment in approved training, and Wisconsin Stat. § 108.04(16)(b) prohibits the department from applying any benefit reduction or disqualification under sub. (1)(a), (2)(a), (7)(c), or (8)(e) or s. 108.141(3g)(d) that is not the result of approved training while an individual is enrolled in approved training.

The commission therefore finds that, as of week 5 of 2012, the employee was eligible for extended training benefits, within the meaning of Wis. Stat. § 108.06(7).

The commission further finds that it is not necessary to remand this matter to the department for an investigation and determination as to the employee's ability to work and availability for work, within the meaning of Wis. Stat. § 108.04(2)(a).


DECISION

The decision of the administrative law judge is reversed. Accordingly, the employee is eligible for extended training benefits beginning in week 5 of 2012, if otherwise qualified.

This matter shall not be remanded to the department on the issue of the employee's ability to work and availability for work.

Dated and Mailed July 26, 2012

BY THE COMMISSION:

/s/ Robert Glaser, Chairperson

/s/ Ann L. Crump, Commissioner

/s/ Laurie R. McCallum, Commissioner

NOTE: The commission did not consult with the administrative law judge regarding witness credibility or demeanor. The commission did not reverse the appeal tribunal based on a differing assessment of witness credibility or demeanor but reverses as a matter of law.

omowasa . urr : 152 : 5

cc: Attorney Janell Knutson (Bureau of Legal Affairs)

 


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