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


ROY E PLASKY, Employe

CRESCENT WOOLEN MILLS, Employer

UNEMPLOYMENT INSURANCE DECISION
Hearing No. 984022241MW


ORDER

Pursuant to authority granted in Wis. Stat. § 108.09(6)(d), the commission orders this matter remanded for further hearing before Administrative Law Judge Gordon, acting on behalf of the commission. The commission believes the administrative law judge properly rejected the computer-generated COED report in this case, because it was not shown that a labor market expert prepared the report. As the Bureau of Legal Affairs pointed out in its petition for review in this case, though, the most appropriate remedy in that circumstance is to allow in-person testimony from a Department of Workforce Development labor market expert (rather than simply issue a decision, whether it allows or denies benefits, without the information necessary for an informed decision). For these reasons, the commission has remanded this case for introduction of competent evidence as to the relevant labor standards.

Dated and mailed: January 27, 1999
plaskro.upr : 105 : 1  PC 714.06

/s/ David B. Falstad, Chairman

/s/ Pamela I. Anderson, Commissioner

James A. Rutkowski, Commissioner


[Subsequent Decision, March 31, 1999, same case]


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