DWD 80.025(2)(d)
(d) The name of the employing firm or firms at the time of the claimed injury or illness;
DWD 80.025(3)
(3) Requesters may inspect claim files only in the division's Madison office and under the supervision of division staff. Requesters shall direct requests to inspect files to the receptionist between the hours of 7:45 a.m. and 4:30 p.m. Requesters shall return all files by 4:30 p.m.
DWD 80.025(4)
(4) Requesters may not remove files from the division offices without written authorization from the administrator of the division.
DWD 80.025(5)
(5) Requesters wishing to make copies of all or a part of a file may do so under the supervision of division staff on the coin-operated copy machine provided for that purpose.
DWD 80.025(6)
(6) The division shall provide transcripts of testimony taken or proceedings had before the division only in accordance with
s. DWD 80.14.
DWD 80.025(7)
(7) The division shall furnish copies of documents from worker's compensation claim files as requested, with the following limits:
DWD 80.025(7)(a)
(a) At least one week must be allowed before copies can be delivered or mailed.
DWD 80.025(7)(b)
(b) Advance payment shall not be required except as provided in
par. (e). The division shall send an invoice to the requester for the necessary costs as set forth in
par. (c).
DWD 80.025(7)(c)3.
3. $3.00 per request for postage and handling when copies are to be mailed.
DWD 80.025(7)(d)
(d) Upon a proper showing of inability to pay, the division shall furnish the requested copies upon such terms as may be agreed.
DWD 80.025(7)(e)
(e) If the requester has unpaid copying fees from prior requests outstanding in an amount that exceeds $5.00, the division shall require the requester to pay the amount owed before providing more copies.
DWD 80.025 History
History: Cr.
Register, March, 1986, No. 363, eff. 4-1-86.
DWD 80.03(1)(1) Whenever an employer and an employee enter into a compromise agreement concerning the employer's liability under
ch. 102, Stats., for a particular injury to that employee, the following conditions shall be fulfilled:
DWD 80.03(1)(a)
(a) The compromise agreement shall be in writing, or in the alternative, oral on the record at the time of scheduled hearing;
DWD 80.03(1)(b)
(b) The compromise agreement shall be mailed to the department unless made on the record;
DWD 80.03(1)(c)
(c) The compromise agreement must be approved by the department; and
DWD 80.03(1)(d)
(d) No compromise agreement may provide for a lump sum payment of more than the incurred medical expenses plus sums accrued as compensation or death benefits to the date of the agreement and $10,000 in unaccrued benefits where the compromise settlement in a claim other than for death benefits involves a dispute as to the extent of permanent disability. Lump sum payments will be considered after approval of the compromise in accordance with
s. DWD 80.39.
DWD 80.03(1)(e)
(e) Compromise agreements which provide for payment of a lump sum into an account in a bank, trust company or other financial institution, which account is subject to release as the department directs, will be authorized.
DWD 80.03(1)(g)
(g) All written compromise agreements submitted to the department shall contain the following:
The employee has the right to petition the department of workforce development to set aside or modify this compromise agreement within one year of its approval by the department. The department may set aside or modify the compromise agreement. The right to request the department to set aside or modify the compromise agreement does not guarantee that the compromise will in fact be reopened.
DWD 80.03(2)
(2) If the department approves the compromise agreement, an order shall be issued by the department directing payment in accordance with the terms of the compromise agreement. No compromise agreement is valid without an order of the department approving the agreement.
DWD 80.03(3)
(3) Section
102.16 (1), Stats., places upon the department the responsibility for reviewing, approving, modifying, setting aside and issuing awards on compromise agreements. The action that is taken on any individual claim is dependent upon the facts, circumstances and judgment of the merits of compromise in that specific case. In arriving at a judgment of the merits the department will take into account the following general considerations:
DWD 80.03(3)(a)
(a) Medical reports, statements or other information submitted by the parties to show that there is a genuine and significant basis for a dispute between the parties.
DWD 80.03(3)(b)
(b) Estimates of the disability by the physicians, chiropractors or podiatrists which do not vary significantly in estimates of the scheduled or nonscheduled disability will not be presumed to demonstrate a basis for dispute.
DWD 80.03(3)(c)
(c) The length of time since active treatment has been necessary. The presumption is that the longer the interval the less likely that treatment will be required in the future.
DWD 80.03(3)(d)
(d) Scientific knowledge or experience indicating that there may be further progression of the disability or that future treatment may be required. Examples of such conditions are: skull fractures with laceration of the dura, sub-capitol fractures of the femur, silicosis and asbestosis.
DWD 80.03(3)(f)
(f) Any and all other factors that bear on the equity of the proposed compromise.
DWD 80.03 History
History: 1-2-56; am.,
Register, April, 1975, No. 232, eff. 5-1-75; r. and recr.
Register, September, 1982, No. 321, eff. 10-1-82; am. (1) (d), cr. (1) (f) and (g) and (3),
Register, September, 1986, No. 369, eff. 10-1-86;
CR 07-019: am. (1) (d) and (g),
Register October 2007 No. 622, eff. 11-1-07.
DWD 80.05(1)(1) In cases of disputes in matters coming under the jurisdiction of ch.
102,
s. 106.25,
303.07 (7),
303.21, or
40.65, Stats., any party to the dispute may apply to the department for relief and the department shall make such order or award as shall be lawful and just under the circumstances.
DWD 80.05(2)
(2) In all such cases under
sub. (1), the party complaining shall file his or her application with the department, along with sufficient copies of the application for service on the adverse parties. The department shall thereupon serve the adverse parties with a copy of the application and the adverse parties shall file an answer to the application with the department within 20 days after the service and likewise serve a copy of the answer on the party making application. The department shall thereupon notify the parties of the time and place of hearing, at least 10 days prior to the hearing. If no answer is mailed by the respondent within 20 days of mailing by the department, the department may issue an order by default, without hearing, in accordance with the application, as provided by s.
102.18 (1) (a), Stats.
DWD 80.05 Note
Note: See s.
102.17, Stats.
DWD 80.05 History
History: 1-2-56; am.,
Register, April, 1975, No. 232, eff. 5-1-75; am.
Register, September, 1982, No. 321, eff. 10-1-82; am. (1),
Register, September, 1986, No. 369, eff. 10-1-86;
CR 02-094: am. (1)
Register November 2002 No. 563, eff. 12-1-02.
DWD 80.06
DWD 80.06
Parties. The parties to the controversy shall be known as the applicant and the respondent. The party filing the application for relief shall be known as the applicant and an adverse party as the respondent. Any party may appear in person or by an attorney or agent.
DWD 80.06 History
History: 1-2-56; am.
Register, September, 1982, No. 321, eff. 10-1-82.
DWD 80.07
DWD 80.07
Service. All service of papers, unless otherwise directed by the department or by law, may be made by mail and proof of such mailing shall be prima facie proof of such service. Time within which service shall be made shall be the same as in courts of record unless otherwise specified by rule or order of the department.
DWD 80.07 History
History: 1-2-56; am.
Register, April, 1975, No. 232, eff. 5-1-75.
DWD 80.08
DWD 80.08
Amendments. Amendment may be made to the application or answer by letter mailed to the department prior to the date the notice of hearing is mailed. Copies of the letter shall be sent directly to the other parties. The letter shall state reasons for the amendment.
DWD 80.08 History
History: 1-2-56; am.
Register, April, 1975, No. 232, eff. 5-1-75; r. and recr.
Register, September, 1982, No. 321, eff. 10-1-82.
DWD 80.09
DWD 80.09
Witness attendance; extension of time and postponement. DWD 80.09(1)(1) Upon receipt of the notice of hearing, it is the responsibility of each party to contact any witnesses necessary for that party's case and to make arrangements to have them attend the hearing.
DWD 80.09(2)
(2) Requests for postponements and continuances shall be considered by the department only if such requests are received within a reasonable time before the date of the hearing.
DWD 80.09(3)
(3) The department shall grant postponements and continuances only because of extraordinary circumstances. Neither the scheduling problems nor the convenience of the parties shall be considered extraordinary circumstances.
DWD 80.09(4)
(4) A postponement, continuance or extension of time may not be granted upon the mutual agreement of the parties without the consent of the department.
DWD 80.09 History
History: 1-2-56; am.
Register, April, 1975, No. 232, eff. 5-1-75; r. and recr.
Register, September, 1982, No. 321, eff. 10-1-82.
DWD 80.10
DWD 80.10
Stipulations. Parties to a controversy may stipulate the facts in writing, and the department may thereupon make its order or award. Stipulations must set forth in detail the manner of computing the compensation due and must be accompanied by a report from a physician stating the extent of the disability.
DWD 80.10 History
History: 1-2-56; am.
Register, April, 1975, No. 232, eff. 5-1-75.
DWD 80.11
DWD 80.11
Depositions. Depositions may be taken and used in any hearing only in accordance with s.
102.17 (1) (f), Stats. These depositions shall be taken in the same manner as in courts of record. Depositions for the purpose of discovery before the hearing are specifically prohibited.
DWD 80.11 History
History: 1-2-56; am.
Register, April, 1975, No. 232, eff. 5-1-75; am.
Register, September, 1982, No. 321, eff. 10-1-82.
DWD 80.12
DWD 80.12
Rules of practice; selection of hearing site. DWD 80.12(1)(a)
(a) The rules of practice before the department shall be such as to secure the facts in as direct and simple a manner as possible.
DWD 80.12(1)(b)
(b) The examiner may limit testimony to only those matters which are disputed.
DWD 80.12(1)(c)
(c) The examiner may not allow into the record, either on direct or cross-examination, redundant, irrelevant or repetitive testimony. Hearsay testimony may be admitted at the discretion of the examiner provided such testimony has probative value.
DWD 80.12(2)
(2) The department may select places for a hearing after considering the geographical location and volume of claims in an area. A list of sites will be furnished upon request to interested parties by the department. From this list, a hearing site shall be selected at the discretion of the department. The department, in determining the site of the hearing, shall consider the following:
DWD 80.12(2)(b)
(b) The location of the office of the treating practitioner or practitioner appointed by the department under the provisions of s.
102.17 or
102.13 (3), Stats.; and
DWD 80.12 History
History: Cr.
Register, August, 1976, No. 248, eff. 9-1-76; r. and recr.
Register, September, 1982, No. 321, eff. 10-1-82.
DWD 80.14(1)(1) Transcripts of testimony taken or proceedings had before the department will be furnished to the applicant or respondent or their attorneys in accordance with the following provisions:
DWD 80.14(1)(a)
(a) After the commencement of an action to review an order of the commission in circuit court, a copy of the hearing record will be furnished to the plaintiff or other parties upon payment to the department of the reporter's fees set forth in s.
757.57 (5), Stats., and not as set forth in s.
757.57 (2), Stats.
DWD 80.14(1)(b)
(b) Transcripts of the hearing may not be provided until after commencement of an action in circuit court.
DWD 80.14(1)(c)
(c) Upon proper showing of financial inability to pay for copies of such testimony or proceedings, the department in its discretion will furnish copies of the same on such terms as may be agreed upon.
DWD 80.14 History
History: 1-2-56; am. (1) (a) and (b),
Register, October, 1965, No. 118, eff. 11-1-65; am.
Register, November, 1970, No. 179, eff. 12-1-70; am. (1) (a),
Register, April, 1971, No. 184, eff. 5-1-71; r. and recr. (1) (a) and (b),
Register, September, 1982, No. 321, eff. 10-1-82.
DWD 80.14 Note
DWD 80.15 Payments after an order.
DWD 80.20(1)(1) The following rules shall govern the issuance, suspension, or revocation of licenses to appear before the department in compensation matters under the provisions of s.
102.17 (1) (c), Stats.
DWD 80.20(1)(a)
(a) Permission to appear at a single hearing may be issued by the department through any examiner upon application evidencing qualifications provided by statute and the department's rules. Such permission may be given to appear in 3 cases before the issuing of license. When appearance has been made in 3 cases, license shall be required, which shall be issued only upon execution and filing with the department of application upon form prescribed by the department.
DWD 80.20(1)(b)
(b) Before license shall be issued applicant shall have appeared in representation of a party before the department on at least 3 formal hearings.
DWD 80.20(1)(c)
(c) The following conditions shall operate as grounds for refusal, suspension, or revocation of license.
DWD 80.20(1)(c)1.
1. Charging of excessive or unconscionable fees, misrepresentation of clients, dishonesty, fraud, sharp practice, neglect of duty, or other improper conduct in the representation of a party before the department, unless satisfactorily explained or excused by the department on the grounds of subsequent good conduct.
DWD 80.20(1)(c)2.
2. Disbarment from the practice of law, or resignation by request of properly constituted authorities, unless there has been subsequent reinstatement and continuance in good standing.
DWD 80.20(1)(c)3.
3. Contumacious conduct in hearing, gross discourtesy toward department representatives, or failure to conform to rulings or instructions of the department or its representatives.
DWD 80.20(1)(c)4.
4. Intentional or repeated failure to observe provisions of the compensation act or rules of procedure adopted by the department.
DWD 80.20(1)(c)5.
5. Any other gross evidence of lack of good moral character, fitness or act of fraud, or serious misconduct.
DWD 80.20 History
History: 1-2-56; am.
Register, April, 1975, No. 232, eff. 5-1-75; am. (1) (intro.),
Register, September, 1986, No. 369, eff. 10-1-86.
DWD 80.21
DWD 80.21
Reports by practitioners and expert witnesses. DWD 80.21(1)(1) Upon the request of the department, any party in interest to a claim under
ch. 102, Stats., shall furnish to the department and to all parties in interest copies of all reports by practitioners and expert witnesses in their possession or procurable by them.
DWD 80.21(2)
(2) In cases involving nonscheduled injuries under s.
102.44 (2) or
(3), Stats., any party in interest to a claim under the act shall, upon the request of the department, also furnish to the department and to all parties in interest any reports in their possession or reasonably available to them relating to the loss of earning capacity as set forth in
s. DWD 80.34.
DWD 80.21(3)
(3) Any party who does not comply with the request of the department under
sub. (1) or
(2) shall be barred from presenting the reports or the testimony contained therein at the hearing.
