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

PETER L BITZKE, Employe

WISCONSIN ELECTRIC POWER CO, Employer

UNEMPLOYMENT INSURANCE DECISION
Hearing No. 99600785MW

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 employe is ineligible for benefits as of week 20 of 1998, and until seven weeks have elapsed since the end of the week of discharge and the employe has earned wages in covered employment performed after the week of discharge equaling at least 14 times the employe's weekly benefit rate which would have been paid had the discharge not occurred.

Dated and mailed August 24, 1999
bitkepe.usd : 145 : 5  MC 653.2  PC 714.10

/s/ David B. Falstad, Chairman

/s/ Pamela I. Anderson, Commissioner

/s/ James A. Rutkowski, Commissioner

MEMORANDUM OPINION

In his petition for commission review the employe asserts that he believes he was terminated and denied benefits unjustly. He believes that he is entitled to receive benefits as a result of his discharge. However, the employe's discharge resulted from his failure to abstain from intoxicants while working, after prior notice and after he had signed a last chance agreement. The employe has failed to establish that he was unable to control his drinking. The commission gave the employe two opportunities, after the hearing, to present a doctor's opinion regarding his ability to abstain from drinking. The employe initially furnished a report by the same individual who prepared the report the employe presented at the hearing. However, this individual, although he may have some experience in dealing with alcohol or drug issues, was not a doctor. Therefore the commission allowed the employe another opportunity to present a medical opinion by a doctor. While the employe did present a doctor's opinion, that doctor was unable to state whether the employe was able to control his drinking. Therefore, the employe has failed to establish that his failure to comply with the last chance agreement was for a reason beyond his control.

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