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


DOUGLAS J CARLSON, Employe

MARPLEX INC, Employer

UNEMPLOYMENT INSURANCE DECISION
Hearing No. 99200687EC


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's request for a hearing on the merits is denied. The department's determination remains in effect.

Dated and mailed August 5, 1999
carlsdo.usd : 105 : 1 AA 127

/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 it agrees with the administrative law judge that the employe did not have good cause for missing the scheduled April 19, 1999 hearing in this case. To the extent that the employe's petition for review includes factual assertions not given at the May 18, 1999 hearing, the commission cannot consider it. The commission itself does not take evidence, but rather simply reviews the evidence from the hearing record. That evidence was that the employe relied upon his memory as to the date of the scheduled April 19 hearing. The administrative law judge was exactly correct in reasoning that, once the employe knew he no longer had his hearing notice, it was his obligation to contact the Department of Workforce Development in order to find out the date of his hearing.

The deprivation to the employe as a result of this dismissal is minimal, however. The employe had conceded during department investigation of his unemployment insurance claim that he was off of work on leave pursuant to the Family and Medical Leave Act. It is clear, pursuant to Wis. Stat. § 108.04(1)(b)3, that individuals on such leaves are ineligible for unemployment insurance during such time periods. This disqualification is open-ended, though, and ends when the leave is exhausted, the employe returns to work, or the employer is required to reinstate the employe under Wis. Stat. § 103.10(8), whichever occurs first. Thus, despite the employe's inability to challenge the initial determination in this case, his disqualification will end when he meets one of the above-listed conditions. At that point, he will have to bring that fact to the attention of the department.


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