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


THOMAS M ANDLER, Employe

CONSUMERS INC, Employer

UNEMPLOYMENT INSURANCE DECISION
Hearing No. 99602390AP


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, benefits paid through March 13, 1999, will remain charged to the employer's account.

Dated and mailed August 6, 1999
andleth.usd : 132 : 7  BR 319.1

/s/ David B. Falstad, Chairman

/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's account, will remain charged for erroneously paid benefits. The employer acknowledges in its petition, as it did at the hearing, that it did report an erroneous social security number to the department when submitting quarterly wage reports. That erroneous reporting resulted in the employe receiving unemployment insurance benefits to which he was not entitled. The employer notes that it did object to the claim under Wis. Stat. § 108.09(1). However, under the unemployment insurance law, since benefits had already erroneously been paid from another employer's account, the employer's objection did not affect the employer's liability for the benefits paid prior to the end of the week in which the department makes a recomputation of benefits allowable or prior to the end of the week the department issues a determination concerning any eligibility question raised by the employer's corrected report. An initial determination resolving the erroneous payment based on the employer's submission of a corrected report was issued on March 9, 1999. Under Wis. Stat. § 108.04(13)(e), all benefits paid to the employe prior to the end of the week in which the initial determination was issued, March 13, 1999, must remain charged to the employer's account. For these reasons, and for the reasons set forth in the appeal tribunal decision, the commission affirms that decision.


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