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


THERESA D DONOHO, Employe

J C STORES INC, Employer

UNEMPLOYMENT INSURANCE DECISION
Hearing No. 99600816RC


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 eligible for benefits, if otherwise qualified.

Dated and mailed April 15, 1999
donohth.usd : 132 : 1  PC 740

/s/ Pamela I. Anderson, Commissioner

/s/ James A. Rutkowski, Commissioner

MEMORANDUM OPINION

The employer has petitioned for commission review of the adverse appeal tribunal decision which found that the employer failed to establish that the employe was responsible for the money shortages experienced by the employer. The commission has reviewed the record in this matter and agrees with the appeal tribunal's Findings of Fact and Conclusions of Law. The employer simply failed to meet its burden of proof at the hearing.

NOTE: The commission notes that under Wis. Stat. § 108.09(6)(c), the commission has two years to set aside any final decision on the basis of mistake or newly discovered evidence. The commission generally finds that a guilty plea, or a conviction following a plea of not guilty, constitutes "newly discovered evidence." Therefore, if the employer obtains evidence of such guilty plea or conviction of guilt, it may petition the commission to set aside the decision in this case under the two-year statute.

cc: J C STORES


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