Wisconsin Labor and Industry Review Commission --
Summary of Wisconsin Court Decision relating to Unemployment Insurance


Subject: Jessie Davis v. LIRC & Kelch Corp., Case 02 CV 008936 (Wis. Cir. Ct., Milwaukee Co., April 8, 2003)

Digest Codes: MC 640.05  MC 689

The employee worked for five years as a machine operator for the employer. She had received several warnings for excessive scrap or poor workmanship during the course of her employment. On 4/15/02, her supervisor, Quast, observed her performing her job and noted that she was throwing away good parts without working on them. Quast asked her why she was doing this and why she had not been keeping up with production. The employee ignored Quast and gave no reply. At the hearing, the employee asserted that the only way she could keep up with the production pace was to throw away good parts, and that this was primarily because she had tendonitis in her wrist. The employee again threw away good parts on April 16, 2002. She went to the doctor after work and obtained a slip which diagnosed tendonitis, but which did not give any physical restrictions. The employee brought this slip to work on 4/17/02, but the employer had decided to discharge her the previous day and so informed her. 

The appeal tribunal decision found misconduct and the commission affirmed. The employee's appeal was based on allegations of different facts. She alleged that on 4/17/02, Quast had screamed at her when she gave Quast the physician's note, and that Quast had regularly discriminated against her and harassed her. She also denied that she ignored Quast when Quast questioned her on the production line. 

Held: The finding of misconduct is affirmed. The employee's defense amounts to a dispute over the facts, and credible and substantial evidence supports the commission's findings of fact.

Appealed to the Court of Appeals.  Affirmed in unpublished per curiam opinion December 30, 2003.


Please note that this is a summary prepared by staff of the commission, not a verbatim reproduction of the court decision.

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