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

Subject: Stoughton Trailer, Inc. (Hrg. No. 96004729JV) v. Labor and Industry Review Commission and Eugene Winger, Case 97 CV 1180 (Wis. Cir. Ct., Dane Co., January 12, 1998)

Digest Codes:  MC 605.09  MC 688

The employe was discharged after accumulating a certain number of points under the employer's "no-fault" attendance program. His absences were for reasons which included personal and family illness and transportation problems. His last absence arose when he became ill and dizzy at work, and went to a hospital, where he was diagnosed as dehydrated, and was rehydrated intravenously. The Administrative Law Judge allowed benefits, finding that many of the employe's absences were for valid reasons and with notice to the employer. LIRC affirmed. On appeal, the employer argued that there was no credible evidence to support the findings.

Held: Affirmed. Clearly, the evidence in the record, including the employe's testimony, the doctor's directions and the emergency room bill, all support the findings that the absence was for a valid reason and with notice to the employer. It is not within the court's province to engage in reweighing the evidence. The court gives "great weight" to the commission's construction and application of the misconduct standard, that absences are not "misconduct" where they are for valid reasons and with notice to the employer.

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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