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


SCOTT C EVICH, Employe

U S OIL COMPANY INC, Employer

UNEMPLOYMENT INSURANCE DECISION
Hearing No. 99401365AP


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 22 of 1999, and until seven weeks have elapsed since the end of the week of discharge and the employe has earned wages in covered employment performed after the week of discharge equaling at least 14 times the employe's weekly benefit rate which would have paid had the discharge not occurred. The employe is required to repay the sum of $1895 to the Unemployment Reserve Fund. The Benefit Computation (Form UCB-700), issued on May 25, 1999 is set aside. If benefit payments become payable based on other employment, a new computation will be issued as to those benefit rights.

Dated and mailed March 15, 2000
evichsc2.usd : 105 : 3  MC 605.09

/s/ David B. Falstad, Chairman

/s/ Pamela I. Anderson, Commissioner

/s/ James A. Rutkowski, Commissioner

MEMORANDUM OPINION

The commission had remanded this matter to allow the employe opportunity to connect up his depression with the attendance and work-related failures for which the employer discharged him. Although the employe's medical evidence established that he suffers from major depression, the evidence still was insufficient to establish that that depression caused the failures for which the employer discharged the employe. Specifically, the medical evidence does not establish that the employe's depression caused the work-related failures for which he was discharged. In addition, the medical report from the employe's physician indicates that the employe was able to return to work on or about May 20, 1999, and that he could understand the implications of not reporting to work as scheduled. For these reasons, and those stated in the appeal tribunal decision, the commission must ultimately agree with the appeal tribunal's conclusion of misconduct.


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