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


KIRKLAND D SMITH, Employe

COUNTY OF KENOSHA, Employer

UNEMPLOYMENT INSURANCE DECISION
Hearing No. 99602282RC


O R D E R

Pursuant to authority granted in Wis. Stat. § 108.09(6)(d), the Labor and Industry Review Commission hereby sets aside the appeal tribunal decision in the above-referenced matter and remands this matter for a new hearing and decision before a different administrative law judge. The new decision shall be based on live labor market testimony rather than the conditions of employment data base report.

Dated and mailed July 15, 1999
smithki.upr : 132 : 7 PC 714.01, 714.06

/s/ David B. Falstad, Chairman

/s/ Pamela I. Anderson, Commissioner

/s/ James A. Rutkowski, Commissioner

 

NOTE: The file reflects that the appeal tribunal relied on a COED report that was generated after the hearing. The commission has previously indicated that such practice is unacceptable. Given the combination of controllable and non-controllable restrictions that need to be addressed, the commission also remands this matter for live labor market testimony.

 

cc:
ATTORNEY NANCY M BARASCH
MALINSKY & BARASCH


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