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


MARK E STANGE, Employe

GOLF N STUFF INC, Employer

UNEMPLOYMENT INSURANCE DECISION
Hearing No. 99000966LX


ORDER

Pursuant to authority granted in Wis. Stat. § 108.09(6), the Labor and Industry Review Commission hereby sets aside the appeal tribunal decision in the above-referenced matter and remands this matter back to the hearing office for a new hearing and decision.

Dated and mailed May 26, 1999
stangma2.usd : 132 : 1 AA 205  SW 805

/s/ David B. Falstad, Chairman

/s/ Pamela I. Anderson, Commissioner

/s/ James A. Rutkowski, Commissioner

NOTE: The commission finds that the record in this matter is insufficient to permit meaningful review. Specifically, the evidence and decision do not clearly reflect why the employe's training does not fall under Wis. Stat. § 108.04(16)(a). To the extent the administrative law judge's decision relies on a finding that the employe was not attending school on a full-time basis, the commission notes that it has previously held, and the department policy provides, that as long as an employe is taking all of the credits available in a particular diploma program, attendance is on a full-time basis. The commission believes that the evidence needs to be more fully developed as to the employe's training and the specific conditions of the approved training provision that are or are not satisfied. The commission notes that a finding that the employe is in approved training will not necessarily result in benefit payment. Other issues may result in denying the employe benefits. For example, finding that the employe is in approved training may necessitate an investigation as to whether the employe's leave from work disqualified him from benefits.


[ Search UC Decisions ] - [ UC Digest - Main Index ] - [ UC Legal Resources ] - [ LIRC Home Page ]