District III/IV
January 22, 2014
To:
Hon. Lisa K. Stark
Circuit Court Judge
721 Oxford Avenue
Eau Claire, WI 54703
Kristina Aschenbrenner
Clerk of Circuit Court
Eau Claire County Courthouse
721 Oxford Avenue
Eau Claire, WI 54703-5496
Kim T. Castelaz
LIRC
P.O. Box 8126
Madison, WI 53708-8126
Helzberg Diamond Shops
Thomas & Thorngren
P.O. Box 280100
Nashville, TN 37228
Tammy J. Jarecki
560 Poppy Lane
Altoona, WI 54720
You are hereby notified that the Court has entered the following opinion and order:
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Tammy J. Jarecki v. Labor and Industry Review Commission (L.C. # 2012CV153) |
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Before Lundsten, Higginbotham and Sherman, JJ.
Tammy Jarecki appeals an order of the circuit court that affirmed a decision of the Labor and Industry Review Commission requiring Jarecki to repay $1,316.00 in extended training benefits received in 2011. After reviewing the briefs and record, we conclude at conference that this case is appropriate for summary disposition. See Wis. Stat. Rule 809.21 (2011-12).[1] We affirm.
We conclude that the circuit court’s decision identified and applied the proper legal standards to the relevant facts to reach the correct conclusion. Specifically, we agree with the circuit court that the Commission did not err when it concluded that, due to legislation that applied retroactively, see 2011 Wis. Act 42, § 4, Jarecki no longer met the statutory requirements under Wis. Stat. § 108.06(7) for the payment of extended training benefits because she did not begin receiving those benefits within 52 weeks after the end of the applicable benefit year. We therefore incorporate into this order the circuit court’s decision, which we are attaching, and summarily affirm on that basis. See Wis. Ct. App. IOP VI(5)(a) (Jan. 1, 2012).
IT IS ORDERED that the order is summarily affirmed under Wis. Stat. Rule 809.21(1).
Diane M. Fremgen
Clerk of Court of Appeals