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

Subject: Stephen D. Chybowski  v. LIRC and Unlimited Inc. (Wis. Cir. Ct. Milwaukee County Case No. 94-CV-3684 April 23, 1996) Thomas P. Doherty Circuit Judge.

Digest Codes: VL 1080.09 - Working Conditions - Fellow Employes

The employe began working for the employer in February 1993. In November 1993 the employe was involved in an altercation with a co-worker who had started working for the employer before the employe did. The co-worker began the altercation by directing obscenities at the employe and poking his chest. The employe responded verbally and poked the co-worker’s chest. The co-worker then twisted the employe’s fingers and choked him. Other employes intervened to end the altercation. The employe quit his employment that day because he said he feared for his life and safety.

The co-worker had not attacked anyone else at work and another worker stated that both parties were at fault. The co-worker spent a couple of days in the House of Correction for a parole violation and then was on a two week vacation. The employe did not again contact the employer.

The commission found he quit his employment without good cause attributable to the employer.

Held: Affirmed. Courts will sustain legal conclusions of the commission if they are reasonable even if an alternative view is reasonable. In light of these facts, the commission’s decision is reasonable.

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

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