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.
DWD 80.21(4)
(4) No testimony or reports from expert witnesses on the issue of loss of earning capacity may be received unless the party offering the evidence has notified the department and the other parties of interest of the party's intent to provide the testimony or reports and the names of expert witnesses involved as required under the provisions of s.
102.17 (7), Stats.
DWD 80.21 History
History: 1-2-56; am.
Register, April, 1975, No. 232, eff. 5-1-75; am. (1), cr. (2), (3) and (4),
Register, September, 1982, No. 321, eff. 10-1-82;
CR 02-094: r. and recr. (4)
Register November 2002 No. 563, eff. 12-1-02.
DWD 80.22
DWD 80.22
Use of physicians' reports as evidence. DWD 80.22(1)(1) Matters stated in such report which would not be competent or material evidence if given as oral testimony shall not be competent or material as prima facie evidence if objection is made, except as corroborated by competent and material oral testimony.
DWD 80.22(2)
(2) Use of reports shall be permitted in any case in which claim for compensation is made, provided the reporting doctor is available for cross examination.
DWD 80.22(3)
(3) An applicant shall be informed of the provisions of s.
102.17 (1) (d), Stats., and the department's rules and also that a form for reporting will be supplied to the applicant upon request.
DWD 80.22(4)
(4) Report shall be submitted to the department upon a form prescribed by the department and shall be verified or certified. The department may require additional or supplementary reports. Upon failure of the applicant to submit such reports within the time specified prior to hearing, all reports previously filed may, in the discretion of the department, be excluded as evidence.
DWD 80.22(5)
(5) Reports shall be filed with the application for adjustment of claim or as soon thereafter as possible. Reports not filed with the department 15 days prior to the date of hearing shall not be acceptable as evidence except upon good cause for failure so to file, established to the satisfaction of the department.
DWD 80.22(6)
(6) Simultaneously with the filing of a WKC-16B form or a verified report of a vocational expert with the department, a party shall serve copies upon all other parties in interest. Service upon the designated representative of a party shall be deemed service upon the party. Service upon the insurance carrier for an employer shall be deemed service upon the employer. However, if a party does not have a representative, the department may elect to make service upon other parties.
DWD 80.22 History
History: 1-2-56; am. (intro. par.), (7) and (4),
Register, October, 1965, No. 118, eff. 11-1-65; am.
Register, April, 1975, No. 232, eff. 5-1-75; am. (3) and r. and recr. (6),
Register, September, 1982, No. 321, eff. 10-1-82; am. (intro.),
Register, September, 1986, No. 369, eff. 10-1-86; reprinted to restore dropped copy in (1),
Register September 2005 No. 597.
DWD 80.23
DWD 80.23
Common insurance of employer and third party. In all cases where compensation becomes payable and the insurance carrier of an employer and of a third party shall be the same, or if there is common control of the insurer of each, the insurance carrier of the employer shall promptly notify the parties in interest and the department of that fact.
DWD 80.23 History
History: 1-2-56; am.
Register, April, 1975, No. 232, eff. 5-1-75.
DWD 80.25
DWD 80.25
Loss of hearing. The department adopts the following standards for the determination and evaluation of noise induced hearing loss, other occupational hearing loss and accidental hearing loss:
DWD 80.25(1)
(1) Harmful noise. Hearing loss resulting from hazardous noise exposure depends upon several factors, namely, the overall intensity (sound pressure level), the daily exposure, the frequency characteristic of the noise spectrum and the total lifetime exposure. Noise exposure level of 90 decibels or more as measured on the A scale of a sound level meter for 8 hours a day is considered to be harmful.
DWD 80.25(2)
(2) Measurement of noise. Noise shall be measured with a sound level meter which meets ANSI standard 1983 and shall be measured on the "A" weighted network for "slow response." Noise levels reaching maxima at intervals of one second or less shall be classified as being continuous. The measurement of noise is primarily the function of acoustical engineers and properly trained personnel. Noise should be scientifically measured by properly trained individuals using approved calibrated instruments which at the present time include sound level meters, octave band analyzers and oscilloscopes, the latter particularly for impact-type noises.
DWD 80.25(3)
(3) Measure of hearing acuity. The use of pure tone air and bone conduction audiometry performed under proper testing conditions is recommended for establishing the hearing acuity of workers. The audiometer should be one which meets the specifications of ANSI standard 53.6-1969 (4). The audiometer should be periodically calibrated. Preemployment records should include a satisfactory personal and occupational history as they may pertain to hearing status. Otological examination should be made where indicated.
DWD 80.25(4)
(4) Formula for measuring hearing impairment. For the purpose of determining the hearing impairment, pure tone air conduction audiometry is used, measuring all frequencies between 500 and 6,000 Hz. This formula uses the average of the 4 speech frequencies of 500, 1,000, 2,000, and 3,000 Hz. Audiometric measurement for these 4 frequencies averaging 30 decibels or less on the ANSI calibration does not constitute any practical hearing impairment. A table for evaluating hearing impairment based upon the average readings of these 4 frequencies follows below. No deduction is made for presbycusis.
DWD 80.25(5)
(5) Diagnosis and evaluation. The diagnosis of occupational hearing loss is based upon the occupational and medical history, the results of the otological and audiometric examinations and their evaluation.
DWD 80.25(6)
(6) Treatment. There is no known medical or surgical treatment for improving or restoring hearing loss due to hazardous noise exposure. Hearing loss will be improved in non-occupational settings with the use of a hearing aid. Since a hearing aid relieves from the effect of injury the cost is compensable where prescribed by a physician.
DWD 80.25(7)
(7) Allowance for tinnitus. In addition to the above impairment, if tinnitus has permanently resulted due to work exposure, an allowance of 5% loss of hearing impairment for the affected ear or ears shall be computed.
DWD 80.25(9)
(9) Method for determining percent of hearing impairment. DWD 80.25(9)(a)(a) Obtain for each ear the average hearing level in decibels at the 4 frequencies, 500, 1,000, 2,000 and 3,000 Hz.
DWD 80.25(9)(b)
(b) See Table for converting to percentage of hearing impairment in each ear.
DWD 80.25(9)(c)
(c) To determine the percentage of impairment for both ears, multiply the lesser loss by 5, add the greater loss and divide by 6. Following are examples of the calculation of hearing loss:
-
See PDF for table 
2. Calculation of hearing handicap:
Smaller number (better ear)
8% 5 = 40
Larger number (poorer ear)
40% 1 = 40
Total 80 B 6 = 13.33% loss
Therefore, a person with the hearing threshold levels shown in this audiogram would have a 13.33% hearing handicap.
-
See PDF for table
