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

GAIL A PEASLEE, Employe

LIBERTY MANOR INC, Employer

UNEMPLOYMENT INSURANCE DECISION
Hearing No. 98004882WR

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 beginning in week 43 of 1998, and until four weeks have elapsed since the end of the week of quitting and the employe has earned wages in covered employment performed after the week of quitting equaling at least four times the employe's weekly benefit rate which would have been paid had the quitting not occurred.

Dated and mailed June 30, 1999
peaslga.usd : 132 : 3 VL 1023.20

/s/ David B. Falstad, Chairman

/s/ Pamela I. Anderson, Commissioner

James A. Rutkowski, Commissioner

MEMORANDUM OPINION

The employe has petitioned for commission review of the adverse appeal tribunal decision which found that she voluntarily terminated her employment and not for any reason permitting immediate benefit payment. The commission has reviewed the record in this matter and agrees with the appeal tribunal's findings of fact and conclusions of law. While the employe maintained that she did keep her employer apprised of her condition, the fact remains that there was an estimated return to work at two weeks. The employe was obligated to keep the employer apprised as to her medical status as long as it prevented her from returning to work as anticipated. The employe also argues that even if it is found that she quit her employment, she did so because she was unable to continue in the work under Wis. Stat. § 108.04 (7)(c). However, the commission cannot agree that the employe's circumstances fall within that statutory exception. There is a provision that allows an employe to remain eligible for benefits while the employe is on a leave, as long as the employe is able to work on the general labor market. See Wis. Stat. § 108.04 (1)(b)1. Under Wis. Stat. § 108.04 (7)(c), however, the employe is not eligible for benefits if she quits her employment due to a medical condition unless she establishes that she had no reasonable alternative to quitting. The employe had an alternative to quitting, which was to maintain contact with the employer and remain on leave. For these reasons, and for the reasons set forth in the appeal tribunal decision, the commission affirms that decision.

cc: ATTORNEY ROBERT HANSON
LEGAL SERVICES OF NORTHEASTERN WISCONSIN INC

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