Wisconsin Labor and Industry Review Commission --
Summary of Wisconsin Court Decision relating to Unemployment Insurance
Subject: Gail A. Till (Hearing No. 96602130MW) v. LIRC and DWD, No.
97-CV-1492 (Wis. Cir. Ct. Waukesha Co. January 29, 1998) Robert G. Mawdsley Circuit Judge.
Digest Codes: BR 330 PC 714.01 PC 715
The employe's employment ended on or about February 14, 1995. She applied for unemployment
benefits on March 20, 1995 (week 12). She received and cashed a benefit check in response
to that claim. She claimed benefits for the next five weeks (weeks 13 - 17) in each of
which she responded in the negative to a question asking whether she had worked during
that week. She received and cashed benefit checks for each of those weeks. The employe
started a new job paying $1012.50 per week during week 16. An investigation by the
department resulted, in March 1996, in one determination of an overpayment for weeks 16
and 17 and one determination imposing a forfeiture for concealment. At a hearing the
employe admitted the overpayment but denied concealment. She contended that the
overpayment resulted from confusion with the telephone application process. She repaid the
overpayment. At a second hearing held about seven months later the administrative law
judge took administrative notice of the department's records. He then issued a decision
finding concealment and imposing a forfeiture. The commission affirmed.
Held: It was not necessary for a department representative to appear at the hearing
to introduce the department's records. The administrative code provides for taking
administrative notice of department records. The continuance of the hearing allowed the
administrative law judge to secure the facts in as direct and simple a manner as possible.
Based on the records the administrative law judge and the commission could infer that the
employe concealed work and wages. Forfeiture 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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