108.22 (8) (c), restore the proper amount to the employer’s account and charge that amount to the fund’s balancing account unless s. 108.07 (5) (am) 3. applies. 4. To correct any erroneous payment not so adjusted from the account of an employer that is subject to reimbursement financing, the department shall do one of the following: a. If recovery of an overpayment is permitted under s. 108.22 (8) (c), credit to the account benefits which would otherwise be payable to, or cash received from, the employee, unless subd. 4. c. applies. b. If recovery of an overpayment is not permitted under s. 108.22 (8) (c), restore the proper amount to the employer’s account and charge that amount in accordance with s. 108.07 (5) (am). c. If the erroneous payment resulted from a false statement or representation about an individual’s identity and the employer was not at fault for the erroneous payment, restore the proper amount to the employer’s account and reimburse the balancing account by crediting to it benefits that would otherwise be payable to, or cash recovered from, the individual who caused the erroneous payment. (e) If the department erroneously pays benefits from one employer’s account and a 2nd employer is at fault, the department shall credit the benefits paid to the first employer’s account and charge the benefits paid to the 2nd employer’s account. Filing of a tardy or corrected report or objection does not affect the 2nd employer’s liability for benefits paid before the end of the week in which the department makes a recomputation of the benefits allowable or before the end of the week in which the department issues a determination concerning any eligibility question raised by the report or by the 2nd employer. If the 2nd employer fails to provide correct and complete information requested by the department during a fact-finding investigation, but later provides the requested information, the department shall charge to the account of the 2nd employer the cost of benefits paid before the end of the week in which a redetermination is issued regarding the matter or, if no redetermination is issued, before the end of the week in which an appeal tribunal decision is issued regarding the matter, unless the benefits erroneously are paid without fault on the part of the employer as provided in par. (f). If the department recovers the benefits erroneously paid under s. 108.22, the recovery does not affect benefit charges made under this paragraph. (f) If benefits are erroneously paid because the employer fails to file a report required by this chapter, the employer fails to provide correct and complete information on the report, the employer fails to object to the benefit claim under s. 108.09 (1), the employer fails to provide correct and complete information requested by the department during a fact-finding investigation, unless an appeal tribunal, the commission, or a court of competent jurisdiction finds that the employer had good cause for the failure to provide the information, or the employer aids and abets the claimant in an act of concealment as provided in sub. (11), the employer is at fault. If benefits are erroneously paid because an employee commits an act of concealment as provided in sub. (11)
UNEMPLOYMENT INSURANCE
108.04
or fails to provide correct and complete information to the department, the employee is at fault. Cross-reference: See also ch. DWD 123, Wis. adm. code.
(g) 1. In this paragraph: a. “Combined-wage claim” means a claim for benefits under this chapter that is filed pursuant to a reciprocal arrangement entered into under s. 108.14 (8n). b. “Out-of-state employer” means a person that employs an individual who files a combined-wage claim in which the wages and employment from that person are covered under the unemployment compensation law of another state. 2. The department may issue a determination that an out-ofstate employer is at fault for the erroneous payment of benefits under a combined-wage claim in the same manner as the department issues determinations under s. 108.10, if the unemployment insurance account of the out-of-state employer is potentially chargeable. 3. A determination issued under subd. 2. is subject to s.