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

Subject: Wisconsin Department of Workforce Development v. Wisconsin Labor and Industry Review Commission, Anita Shaw, and The Dr. Howard Fuller Education Foundation, Inc., Case No. 14-CV-5910 (Wis. Cir. Ct. Milwaukee Cnty. Apr. 9, 2015).

Digest Codes: BR 330 – Concealment of material facts by claimant; forfeiture for

The Wisconsin Department of Workforce Development (DWD) brought a lawsuit against LIRC challenging LIRC's findings of no concealment by the claimant, Anita Shaw. LIRC found that Ms. Shaw made an honest mistake and did not intend to conceal information from the department.

The department appealed the commission's decision to circuit court.

Held: Affirmed.

The circuit court concluded that LIRC's interpretation of Wis. Stat. § 108.04(11) is entitled to great weight deference. It agreed with LIRC that DWD failed to prove that the claimant, Anita Shaw, intended to conceal information when claiming benefits. The circuit court held that Ms. Shaw's testimony constituted credible and substantial evidence to support LIRC's factual conclusion. It further held that LIRC reasonably concluded that an “honest mistake” does not constitute concealment within the meaning of the statute.

The department did not appeal the circuit court's decision to the court of appeals.

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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