Wisconsin Department of Industry v. Wisconsin Labor & Industry Review Commission

535 N.W.2d 6, 193 Wis. 2d 391, 1995 Wisc. App. LEXIS 470
CourtCourt of Appeals of Wisconsin
DecidedApril 6, 1995
DocketNo. 94-2139
StatusPublished
Cited by3 cases

This text of 535 N.W.2d 6 (Wisconsin Department of Industry v. Wisconsin Labor & Industry Review Commission) is published on Counsel Stack Legal Research, covering Court of Appeals of Wisconsin primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Wisconsin Department of Industry v. Wisconsin Labor & Industry Review Commission, 535 N.W.2d 6, 193 Wis. 2d 391, 1995 Wisc. App. LEXIS 470 (Wis. Ct. App. 1995).

Opinion

VERGERONT, J.

The Wisconsin Labor and Industry Review Commission (LIRC) appeals from an order reversing its decision that Constance Wileman was eligible for unemployment compensation benefits. LIRC determined that Wileman had good cause to refuse a job offer, reversing the decision of the administrative law judge of the Unemployment Compensation Division of the Department of Industry, Labor and Human Relations (department). LIRC argues that in spite of the limitation of the "canvassing period" provided for in § 108.04(8)(d), STATS., to six weeks, a claimant may turn down an offer that is not "suitable work" after that six-week period and still be eligible for benefits. Because we conclude that LIRC's interpretation and application of § 108.04(8) was reasonable and consistent with the statutory language, we reverse the trial court's order.

Wileman had worked for the Piggly-Wiggly store in Janesville for over twelve years when she and all the other employees of the store were terminated on October 3, 1992, as the result of the sale of the store. Wileman was a head cashier, with responsibility for bookkeeping, scheduling thirty-five to forty employees, supervising front end operations in the store, cashiering, customer service, daily computer input, bank deposits, balancing cash drawers, handling customer and employee complaints, and projecting sales. She earned $12.10 per hour and also received health benefits and vacation pay.

When Wileman learned in mid-September 1992 that she would lose her job on October 3, she began to look for another job immediately. She registered at Job Service as soon as her employment ended even though [395]*395she knew she would be receiving severance pay for the next eight weeks. She applied for approximately nineteen jobs in her area. She knew she might not be able to find a job that paid as much as she earned at Piggly Wiggly, but she hoped to find one paying $7 or $8 per hour.

Wileman's first job offer was from Hufcor Manufacturing of Janesville towards the end of November 1992. The position was that of mail clerk, delivering mail within the plant and performing associated clerical duties. The pay was $6 per hour, and Wileman would have had to pay her own insurance.

Wileman's severance pay ran out about this time. While she was considering whether to accept the offer from Hufcor, she applied for unemployment benefits. Wileman decided to reject Hufcor's offer, which she did on December 3,1992, because the pay was so low that she would be unable to pay her bills after her partial unemployment benefits ran out. She was also concerned that she would not be able to continue to look for a better job because the job at Hufcor was full-time on the day shift.

When Wileman's rejection of the offer came to the attention of the department, the department issued an initial determination that Wileman did not have good cause for failing to accept the offer and, therefore, was ineligible to receive benefits. Wileman appealed this determination and, following a hearing before an administrative law judge, the administrative law judge affirmed it. Wileman appealed to LIRC, which concluded that she had good cause to refuse to accept the offer and was not disqualified under § 108.04(8)(a), Stats.

The department sought judicial review of LIRC's decision under § 108.09(7)(a), Stats. The trial court [396]*396reversed LIRC's decision. It considered the language of § 108.04(8)(a) and (d), STATS., to be clear and unambiguous and to preclude a finding of good cause for refusal to accept a job at a lower skill level or at significantly lower pay if that refusal occurred after six weeks from the date on which the claimant became unemployed.

We review LIRC's decision under the same standard of review as the trial court. Nelson v. LIRC, 123 Wis. 2d 221, 224, 365 N.W.2d 629, 630 (Ct. App. 1985). Our review is limited to determining whether LIRC's decision was correct and we do not address the correctness of the trial court's decision. Stafford Trucking, Inc. v. DILHR, 102 Wis. 2d 256, 260, 306 N.W.2d 79, 82 (Ct. App. 1981). In the absence of fraud or lack of support by substantial and credible evidence, LIRC's factual findings are binding on this court. Section 102.23(1)(a) and 102.23(6), STATS.

In reviewing an agency's legal conclusions and statutory interpretation, there are three possible standards of review:

This court has generally applied three levels of deference to conclusions of law and statutory interpretation in agency decisions. First, if the administrative agency's experience, technical competence, and specialized knowledge aid the agency in its interpretation and application of the statute, the agency determination is entitled to "great weight." The second level of review provides that if the agency decision is "very nearly" one of first impression it is entitled to "due weight" or "great bearing." The lowest level of review, the de novo standard, is applied where it is clear from the lack of agency precedent that the case is one of first impression for the agency and the agency lacks spe[397]*397cial expertise or experience in determining the question presented.

Jicha v. DILHR, 169 Wis. 2d 284, 290-91, 485 N.W.2d 256, 258-59 (1992) (citations omitted).

Because LIRC has longstanding experience, technical competence and specialized knowledge in administering the unemployment compensation statutes, we conclude that its interpretation and application of those statutes is entitled to great weight. Under this standard, we uphold LIRC's interpretation and application of the statute as long as it is reasonable and consistent with the statute's language, regardless of whether other interpretations are reasonable. See Sauk County v. WERC, 165 Wis. 2d 406, 413, 477 N.W.2d 267, 270 (1991).

We reject the department's argument that we should alter this standard of review because the department has expertise equal to or greater than LIRC in interpreting the unemployment compensation statutes. Where deference to an agency decision is appropriate, we are to accord that deference to LIRC, not to the department. DILHR v. LIRC, 161 Wis. 2d 231, 245, 467 N.W.2d 545, 550 (1991).

This appeal concerns LIRC's interpretation of the statutory provisions requiring that a claimant have good cause to refuse to accept an offer of employment. The relevant portions of § 108.04(8), STATS., are:

(a) If an employe fails, without good cause, to accept suitable work when offered, the employe is ineligible to receive benefits ....
(d) An employe shall have good cause under par. (a) ... if the department determines that the [398]

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535 N.W.2d 6, 193 Wis. 2d 391, 1995 Wisc. App. LEXIS 470, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wisconsin-department-of-industry-v-wisconsin-labor-industry-review-wisctapp-1995.