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


RONALD K BOE, Employe

EMPIRE MANUFACTURING INC, Employer

UNEMPLOYMENT INSURANCE DECISION
Hearing No. 99200500EC


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 4 of 1999, 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 July 23, 1999
boero.usd : 105 : 3 VL 1023.01

/s/ David B. Falstad, Chairman

/s/ Pamela I. Anderson, Commissioner

/s/ James A. Rutkowski, Commissioner


MEMORANDUM OPINION

The commission has affirmed the appeal tribunal decision in this case, because the employe did not prove the applicability of Wis. Stat. § 108.04 (7)(c). That statute allows an employe to quit employment because of his or her health, when there is no reasonable alternative to the quit. The employe's claim, that his medical condition made it such that he should not continue the welding work, is a medical opinion and, as such, must be established by a certified, medical report. That is something neither the Department of Workforce Development nor the commission can provide for a claimant. Regardless of the obstructions the medical provider places in a claimant's way, it still ultimately is the claimant's responsibility to get the information to the department. In this case, the employe did not do so, and so did not establish the applicability of the so-called "quit-medical necessity" exception to the quit disqualification of Wis. Stat. § 108.04 (7)(a).


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