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

Subject: Dennis H. Yaggie (Hrg. No. 94608759WB) v. State of Wisconsin Labor and Industry Review Commission and Kapco, Inc., Case 95-CV-310 (Wis. Cir. Ct., Ozaukee Co., January 10, 1997)

Digest Codes: MC 663  PC 733

The employe was discharged after two incidents in which die-cutting machines he was working on were damaged, allegedly because he had failed to remove pieces from the machine as it operated, allowing them to build up until the machine jammed. The commission concluded that the employe was guilty of misconduct.

Held: Affirmed. The court gives "great weight" to the commission’s interpretation and application of the misconduct standard. A recurrent pattern of negligent acts may constitute misconduct. This is essentially the concept of "constructive intent". Here there were recurrent instances of negligence occurring within a short period of time, the degree of negligence was significant, and in both cases the employe attempted to cover up the occurrence, thus showing his own recognition of the seriousness of his conduct. The conclusion that this was misconduct is affirmed. Also, the commission complied with the requirement that it consult with the ALJ. While the ALJ may have indicated that credibility was "an issue" in the case, this does not indicate that it was a "substantial issue" or a "significant factor" in the decision. The commission’s failure to tape record its consultation with the ALJ was also not a fatal error. In view of the presumption of regularity which attends these types of proceedings, the court infers that the commission followed the appropriate requirements.

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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