01-2777 Goetsch v. State of Wisconsin Department of Workforce Development

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“No ALJ decision made under a chapter other than Wis. Stat. ch. 108 is binding on an unemployment insurance claim. Therefore, a worker’s compensation decision does not bind an ALJ hearing an unemployment insurance claim or the commission reviewing it.

“Also, we review the commission’s decision, not the trial court’s. … As a result, we are limited to the record before the commission. It was physically and temporally impossible for the commission to take judicial notice of the Jan. 12, 2001, worker’s compensation ALJ decision in the course of its review of Goetsch’s unemployment insurance claim. The commission issued its decision affirming Jenkins on Sept. 13, 2000, four months before Smiley issued her worker’s compensation decision on Jan. 12, 2001.”

Moreover, there is substantial evidence supporting the commission’s denial of unemployment compensation for claimant’s misconduct in lying to the worker’s compensation commission.

Judgment affirmed.

Recommended for publication in the official reports.

Dist III, Marathon County, Grau, J., Hoover, P.J.

Attorneys:

For Appellant: Roy T. Traynor, Wausau

For Respondent: William W. Cassel, Madison