(3) After an application for hearing is served, the division shall manage its caseload by appropriate action including any of the following:
(a) Determining whether any answer received is complete, identifies the correct date of injury, and identifies the correct parties for that date of injury.
(b) Filing documents or other material received or issued in connection with the claim.
(c) Controlling its calendar and scheduling matters for hearing.
(d) Notifying the parties of the time and place of hearing, at least 10 days prior to the hearing.
(e) Conducting hearings and making findings, orders, and awards that are lawful and just under the circumstances.
(4) After an application for hearing is served, the division, when appropriate, may take other action to manage its caseload, including any of the following:
(a) In cases of vision loss and hearing loss, obtaining a computation of permanent disability indemnity.
(b) Impleading other employers or insurance carriers.
(c) Securing the participation of the uninsured employers fund or the work injury supplemental benefit fund.
(d) Dismissing parties improperly served with the application.
(e) Dismissing the application if defective or upon request of a party.
(f) Scheduling and conducting prehearing conferences.
(g) Adjourning or postponing prehearing conferences and hearings scheduled under par. (f) and sub. (3) (c).
(h) Within 21 days of issuance, setting aside, reversing, or modifying findings, orders or awards as provided in s. 102.18 (3), Stats. (5) For injuries for which an employer is required to give notice under s. DWD 80.02 (1) (a), a self−insured employer or insurance company shall, when submitting a stipulation or compromise to the division, and at the time of hearing, submit a current form WKC−13 indicating all worker’s compensation payments to date and the periods of time for which these payments were made. This subsection does not apply if the information has been submitted via electronic, magnetic or other reporting media under s. DWD 80.02 (3m). Section 4. HA 4.05 is created to read:
HA 4.05 Appearance by attorney or agent. Any party may appear before the division in person or by an attorney or agent.
Section 5. HA 4.06 is created to read:
HA 4.06 Service and filing. (1) Service. Service of materials, unless otherwise directed by the division or by law, may be made by mail and proof of mailing shall be prima facie proof of service. The 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 division.
(2) Filing date. Regardless of how served, materials submitted to the division are considered filed on the date they are received by the division.
Section 6. HA 4.07 is amended to read:
HA 4.07 Amendments. Amendment may be made to the application or answer by letter mailed to the division of hearings and appeals 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.
Section 7. HA 4.08 (2), (3), and (4) are amended to read:
HA 4.08 (2) Requests for postponements or continuances shall be considered by the division of hearings and appeals only if such requests are received within a reasonable time before the date of the hearing.
(3) The division of hearings and appeals 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.
(4) A postponement, continuance, or extension of time may not be granted upon the mutual agreement of the parties without the consent of the division of hearings and appeals.
Section 8. HA 4.09 is created to read:
HA 4.09 Stipulations. Parties to a controversy may stipulate the facts in writing, and the division may make its order or award upon the written stipulation. 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.
Section 9. HA 4.11 (1) and (2) (intro.), (a), and (b) are amended to read:
HA 4.11 (1) (a) The rules of practice before the division of hearings and appeals shall be such as to secure the facts in as direct and simple a manner as possible.
(b) The examiner administrative law judge may limit testimony to only those matters which are disputed.
(c) The examiner administrative law judge may not allow into the record, either on direct or cross−examination, redundant, irrelevant or repetitive testimony. Hearsay testimony with probative value may be admitted at the discretion of the examiner provided such testimony has probative value administrative law judge.
(2) The division of hearings and appeals 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 division of hearings and appeals. From this list, a hearing site shall be selected at the discretion of the division of hearings and appeals. The division of hearings and appeals, in determining the site of the hearing, shall consider all of the following:
(a) The applicant’s location choice of the applicant;.
(b) The location of the office of the treating practitioner or practitioner appointed by the department of workforce development or division of hearings and appeals under the provisions of s. 102.13 (3) or 102.17, Stats.; and. Section 10. HA 4.13 (intro.), (1), and (3) are amended to read:
HA 4.13 Transcripts. Transcripts of testimony taken or proceedings had before the division of hearings and appeals will shall be furnished to the applicant or respondent or their attorneys in accordance with all of the following provisions:
(1) After the commencement of an action to review an order of the labor and industry review commission in circuit court, a copy of the hearing record will be furnished to the plaintiff or other parties upon payment to the division of hearings and appeals of the reporter’s fees set forth in s. 757.57 (5), Stats., and not as set forth in s. 757.57 (2), Stats. (3) Upon proper showing of financial inability to pay for copies of such testimony or proceedings, the division of hearings and appeals in its discretion will may furnish copies of the same on such terms as may be agreed upon.
Section 11. HA 4.14 is created to read:
HA 4.14 Reports by practitioners and expert witnesses. (1) Upon the request of the division, any party to a claim pending before the division under ch. 102, Stats., shall furnish to the division and to all parties copies of all reports by practitioners and expert witnesses in their possession or procurable by them. (2) In cases involving nonscheduled injuries under s. 102.44 (2) or (3), Stats., any party to a claim pending before the division under ch. 102, Stats., shall, upon the request of the division, furnish to the division and to all parties any reports in the party’s possession or reasonably available to that party relating to the loss of earning capacity as set forth in s. DWD 80.34. (3) Any party who does not comply with the request of the division under sub. (1) or (2) shall be barred from presenting the reports or the testimony contained in the reports at the hearing.
(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 division 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 s. 102.17 (7), Stats. Section 12. HA 4.15 (title) is amended to read:
HA 4.15 Use of physicians’ reports as evidence.
Section 13. HA 4.15 (1) to (6) are renumbered HA 4.15 (2) to (7) and amended to read:
# HA 4.15 (2) Matters stated in such a report which that would not be competent or material evidence if given as oral testimony shall are not be competent or material as prima facie evidence if objection is made, except as corroborated by competent and material oral testimony.
(3) Use of reports shall be permitted in any case in which claim for compensation is made, provided the reporting doctor practitioner or other expert is available for cross examination.
(4) Reports shall be submitted to the division on a prescribed form and shall be certified. An applicant shall be informed of the provisions of s. 102.17 (1) (d), Stats., and the department of workforce development’s and division of hearings and appeals’ rules ss. DWD 80.21 and HA 4.14, and also that a form for reporting will be supplied to the applicant upon request. (5) Report shall be submitted to the division of hearings and appeals upon a form prescribed by the department of workforce development or division of hearings and appeals and shall be verified or certified. The division of hearings and appeals 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 division of hearings and appeals, be excluded as evidence.
(6) Reports shall be filed with the application for adjustment of claim or as soon thereafter as possible. Reports not filed with the division of hearings and appeals 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 division of hearings and appeals.
(7) Simultaneously with the filing of a WKC−16B form or a verified report of a vocational expert report with the division of hearings and appeals, 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 division of hearings and appeals may elect to make service upon other parties.
Section 14. HA 4.15 (1) is created to read:
HA 4.15 (1) In this section, “report” means a report by a practitioner or a report by an expert witness on the issue of loss of earning capacity, as described in s. HA 4.14. Section 15. HA 4.16 is amended to read:
HA 4.16 Procedure and claims under ch. 40, Stats. The division of hearings and appeals shall observe the same rules and procedures and may use the same forms in processing and determining claims made under s. 40.65, Stats., as are used under ch. 102, Stats. Section 16. HA 4.17 is amended to read:
HA 4.17 Witness fees and travel reimbursement. The fees and travel reimbursement of witnesses and interpreters for attending a hearing before an examiner of the division of hearings and appeals, administrative law judge shall be the statewide rate currently paid under s. 814.67 (1) (b), Stats., notwithstanding any local county variations. Section 17. HA 4.18 is created to read:
HA 4.18 Mediation conferences. (1) Definitions. In this section:
(a)
“Administrative law judge mediator” means an administrative law judge whose duties include conducting mediation conferences.(b)
“Request to schedule a mediation conference form” means a form prescribed by the division that sets out the claims at issue in a requested mediation conference, identifies the conceded and disputed benefits, and describes the parties’ respective positions.(c)
“Mediation conference” means a voluntary, informal, off-record conference among an administrative law judge mediator and the parties, their representatives, or both, to explore settlement options in an effort to achieve a negotiated, conciliatory resolution of disputed claims without a formal hearing on the merits of a case.(2) Mediation process. (a) 1. The purpose of a mediation conference is to resolve all disputed matters or issues in cases in which the issues are sufficiently well-developed.
2. A mediation conference should not be used to address minor disputes or effect piecemeal resolution of disputed claims.
(b) A mediation conference shall be scheduled only after all of the following have occurred:
1.
An application for hearing has been served.2.
The applicant has submitted a request to schedule a mediation conference form. 3.
The respondent has confirmed in writing that it concurs with the request for a settlement mediation.4.
The respondent has confirmed that that the insurance company has, or will have by the date of the scheduled mediation conference, authority to resolve the claim based on a good faith evaluation of the known facts and evidence of record.(c) A party may request a particular administrative law judge mediator to serve in a particular case. The division shall assign an administrative law judge mediator to conduct mediation conferences based on division needs and resources after considering a party’s request.
(d) In conducting a mediation conference, an administrative law judge mediator may do all of the following:
