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

Subject:  Jeffrey R. Stroik (Hearing No. 98000396WR) v. Village of Junction City, Portage County and LIRC (No. 98-CV-193, Wis. Cir. Ct. Portage County January 27, 1999,  Frederic W. Fleishauer Circuit Judge)

Digest Codes: VL 1054.01

The employe began working for an excavating and trucking contractor in 1987 or 1988. He works as a heavy equipment operator on a seasonal basis, normally beginning again in March or April of each year. His last day of work for that employer for the 1997 season was December 26, 1997. In January 1992 the plaintiff began working for Junction City as a voluntary firefighter and first responder. As a firefighter the plaintiff was paid $6.25 per hour for fire calls plus $100 per year for serving as a captain. First responders were not paid but split any money left over at the end of the year as a reimbursement for expenses. In December 1997 the plaintiff resigned as a firefighter effective January 1, 1998 because Junction City would no longer be providing fire protection to the community he lived in. He did not resign as a first responder. The commission found that the plaintiff terminated work for the employing unit and not for any statutory exception. Unemployment benefits were denied.

Held: The commission’s findings of fact are supported by credible and substantial evidence in the record. The findings support the conclusions of law. The decision is reasonable and consistent with the purposes of the legislation. Accordingly it is 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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