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

Subject: Tammy Jarecki v. LIRC and Helzberg Diamond Shops, Case 2012 CV 153 (Wis. Cir. Ct., Eau Claire Co., November 6, 2012), Tammy J. Jarecki v. LIRC, No. 2012 AP 2632 (Ct. App., District III/IV, January 22, 2014)

Please note that Wis. Stat. § 809.23(3) provides that, except as allowed therein, an unpublished decision of the Court of Appeals is of no precedential value and for that reason may not be cited in any court in this state as precedent or authority. Summaries of unpublished Court of Appeals decisions are included in this collection as an informational service only, and their use contrary to 809.23(3) is not encouraged.

Digest Codes: SW 805 Attendance at School or Training Course (Extended Benefits, Extended Training Benefits, Wis. Stat. § 108.06(7); BR 335.04 - Overpayment waiver not granted

The employee initiated a claim for unemployment in week 26 of 2009 after working nine months for Helzberg Diamond Shops. The employee exhausted her claim for regular UI benefits in week 50 of 2009. The employee continued to claim and collected several tiers of EUC through week 18 of 2011.

Beginning in week 19 of 2011, the employee applied for extended training benefits (ETB) and received ETB during weeks 19 of 2011 through 34 of 2011. ETB is available to claimants who have exhausted their claim for UI benefits, are enrolled in approved training and have meet the various provisions under Wis. Stat. § 108.06(7).

In August of 2011, the Wisconsin Legislature enacted legislation, sec. 108.141 (2011 Wisconsin Act 42) that retroactively paid extended benefits (EB) to qualifying individuals. Even though the employee had originally exhausted her EB, because of the retroactive application of this new legislation, the employee was eligible for additional EB in weeks 19 through 27 of 2011. As of week 28 of 2011, the only benefits available to the employee were extended training benefits (ETB) under Wis. Stat. § 108.06(7). However, because of the receipt of EB in weeks 19 through 27 of 2011, the employee no longer met all the requirements under Wis. Stat. § 108.06(7); specifically, the employee was not eligible for ETB within the 52 week period after the end of her applicable benefit year, here week 25 of 2011.

Consequently, the employee received ETB in weeks 28 of 2011 through 34 of 2011 she was not entitled to receive. The commission, affirming the ATD, concluded that the retroactive application of the newly enacted Wis. Stat. § 108.141 resulted in the overpayment of ETB governed by Wis. Stat. § 108.06(7). The commission did not waive the overpayment since department error did not exist.

Held: Circuit Court affirmed the LIRC decision, holding the commission's findings were supported by substantial and credible evidence and afforded the commission decision great weight. 

The Court of Appeals, incorporating the Circuit Court's decision, summarily affirmed.  

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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