102.11(1)(f)1.1. Except as provided in
subd. 2., average weekly earnings may not be less than 24 times the normal hourly earnings at the time of injury.
102.11(1)(f)2.
2. The weekly temporary disability benefits for a part-time employe who restricts his or her availability in the labor market to part-time work and is not employed elsewhere may not exceed the average weekly wages of the part-time employment.
102.11(1)(g)
(g) If an employe is under 27 years of age, the employe's average weekly earnings on which to compute the benefits accruing for permanent disability or death shall be determined on the basis of the earnings that the employe, if not disabled, probably would earn after attaining the age of 27 years. Unless otherwise established, the projected earnings determined under this paragraph shall be taken as equivalent to the amount upon which maximum weekly indemnity is payable.
102.11(2)
(2) The average annual earnings when referred to in this chapter shall consist of 50 times the employe's average weekly earnings. Subject to the maximum limitation, average annual earnings shall in no case be taken at less than the actual earnings of the employe in the year immediately preceding the employe's injury in the kind of employment in which the employe worked at the time of injury.
102.11(3)
(3) The weekly wage loss referred to in this chapter, except under
s. 102.60 (6), shall be such percentage of the average weekly earnings of the injured employe computed according to the provisions of this section, as shall fairly represent the proportionate extent of the impairment of the employe's earning capacity in the employment in which the employe was working at the time of the injury, and other suitable employments, the same to be fixed as of the time of the injury, but to be determined in view of the nature and extent of the injury.
102.11 Annotation
See note to Art. I, sec. 1, citing State ex rel. Briggs & Stratton v. Noll, 100 W (2d) 650, 302 NW (2d) 487 (1981).
102.12
102.12
Notice of injury, exception, laches. No claim for compensation may be maintained unless, within 30 days after the occurrence of the injury or within 30 days after the employe knew or ought to have known the nature of his or her disability and its relation to the employment, actual notice was received by the employer or by an officer, manager or designated representative of an employer. If no representative has been designated by posters placed in one or more conspicuous places, then notice received by any superior is sufficient. Absence of notice does not bar recovery if it is found that the employer was not misled thereby. Regardless of whether notice was received, if no payment of compensation, other than medical treatment or burial expense, is made, and no application is filed with the department within 2 years from the date of the injury or death, or from the date the employe or his or her dependent knew or ought to have known the nature of the disability and its relation to the employment, the right to compensation therefor is barred, except that the right to compensation is not barred if the employer knew or should have known, within the 2-year period, that the employe had sustained the injury on which the claim is based. Issuance of notice of a hearing on the department's own motion has the same effect for the purposes of this section as the filing of an application. This section does not affect any claim barred under
s. 102.17 (4).
102.12 History
History: 1983 a. 98.
102.125
102.125
Fraudulent claims reporting and investigation. 102.125(1)(1) If an insurer or self-insured employer has evidence that a claim is false or fraudulent in violation of
s. 943.395 and if the insurer or self-insured employer is satisfied that reporting the claim to the department will not impede its ability to defend the claim, the insurer or self-insured employer shall report the claim to the department. The department may require an insurer or self-insured employer to investigate an allegedly false or fraudulent claim and may provide the insurer or self-insured employer with any records of the department relating to that claim. An insurer or self-insured employer that investigates a claim under this subsection shall report on the results of that investigation to the department. If based on the investigation the department has a reasonable basis to believe that a violation of
s. 943.395 has occurred, the department shall refer the results of the investigation to the district attorney of the county in which the alleged violation occurred for prosecution.
102.125(2)
(2) Annually, the department shall submit a report to the appropriate standing committees under
s. 13.172 (3) and the governor detailing, for the previous year, the number of reports under
sub. (1) that the department received, the number of referrals for prosecution that the department made and the results of those referrals.
102.125 History
History: 1993 a. 81.
102.13
102.13
Examination; competent witnesses; exclusion of evidence; autopsy. 102.13(1)(a)(a) Except as provided in
sub. (4), whenever compensation is claimed by an employe, the employe shall, upon the written request of the employe's employer or worker's compensation insurer, submit to reasonable examinations by physicians, chiropractors, psychologists, dentists or podiatrists provided and paid for by the employer or insurer. No employe who submits to an examination under this paragraph is a patient of the examining physician, chiropractor, psychologist, dentist or podiatrist for any purpose other than for the purpose of bringing an action under
ch. 655, unless the employe specifically requests treatment from that physician, chiropractor, psychologist, dentist or podiatrist.
102.13(1)(am)
(am) When compensation is claimed for loss of earning capacity under
s. 102.44 (2) or
(3), the employe shall, on the written request of the employe's employer or insurer, submit to reasonable examinations by vocational experts provided and paid for by the employer or insurer.
102.13(1)(b)
(b) An employer or insurer who requests that an employe submit to reasonable examination under
par. (a) or
(am) shall tender to the employe, before the examination, all necessary expenses including transportation expenses. The employe is entitled to have a physician, chiropractor, psychologist, dentist or podiatrist provided by himself or herself present at the examination and to receive a copy of all reports of the examination that are prepared by the examining physician, chiropractor, psychologist, podiatrist, dentist or vocational expert immediately upon receipt of those reports by the employer or worker's compensation insurer. The employe is also entitled to have a translator provided by himself or herself present at the examination if the employe has difficulty speaking or understanding the English language. The employer's or insurer's written request for examination shall notify the employe of all of the following:
102.13(1)(b)1.
1. The proposed date, time and place of the examination and the identity and area of specialization of the examining physician, chiropractor, psychologist, dentist, podiatrist or vocational expert.
102.13(1)(b)2.
2. The procedure for changing the proposed date, time and place of the examination.
102.13(1)(b)3.
3. The employe's right to have his or her physician, chiropractor, psychologist, dentist or podiatrist present at the examination.
102.13(1)(b)4.
4. The employe's right to receive a copy of all reports of the examination that are prepared by the examining physician, chiropractor, psychologist, dentist, podiatrist or vocational expert immediately upon receipt of these reports by the employer or worker's compensation insurer.
102.13(1)(b)5.
5. The employe's right to have a translator provided by himself or herself present at the examination if the employe has difficulty speaking or understanding the English language.
102.13(1)(c)
(c) So long as the employe, after a written request of the employer or insurer which complies with
par. (b), refuses to submit to or in any way obstructs the examination, the employe's right to begin or maintain any proceeding for the collection of compensation is suspended, except as provided in
sub. (4). If the employe refuses to submit to the examination after direction by the department or an examiner, or in any way obstructs the examination, the employe's right to the weekly indemnity which accrues and becomes payable during the period of that refusal or obstruction, is barred, except as provided in
sub. (4).
102.13(1)(d)1.
1. Any physician, chiropractor, psychologist, dentist, podiatrist or vocational expert who is present at any examination under
par. (a) or
(am) may be required to testify as to the results thereof.
102.13(1)(d)2.
2. Any physician, chiropractor, psychologist, dentist or podiatrist who attended a worker's compensation claimant for any condition or complaint reasonably related to the condition for which the claimant claims compensation may be required to testify before the department when it so directs.
102.13(1)(d)3.
3. Notwithstanding any statutory provisions except
par. (e), any physician, chiropractor, psychologist, dentist or podiatrist attending a worker's compensation claimant for any condition or complaint reasonably related to the condition for which the claimant claims compensation may furnish to the employe, employer, worker's compensation insurer, or the department information and reports relative to a compensation claim.
102.13(1)(d)4.
4. The testimony of any physician, chiropractor, psychologist, dentist or podiatrist who is licensed to practice where he or she resides or practices in any state and the testimony of any vocational expert may be received in evidence in compensation proceedings.
102.13(1)(e)
(e) No person may testify on the issue of the reasonableness of the fees of a licensed health care professional unless the person is licensed to practice the same health care profession as the professional whose fees are the subject of the testimony. This paragraph does not apply to the fee dispute resolution process under
s. 102.16 (2).
102.13(1)(f)
(f) If an employe claims compensation under
s. 102.81 (1), the department may require the employe to submit to physical or vocational examinations under this subsection.
102.13(2)(a)(a) An employe who reports an injury alleged to be work-related or files an application for hearing waives any physician-patient, psychologist-patient or chiropractor-patient privilege with respect to any condition or complaint reasonably related to the condition for which the employe claims compensation. Notwithstanding
ss. 51.30 and
146.82 and any other law, any physician, chiropractor, psychologist, dentist, podiatrist, hospital or health care provider shall, within a reasonable time after written request by the employe, employer, worker's compensation insurer or department or its representative, provide that person with any information or written material reasonably related to any injury for which the employe claims compensation.
102.13(2)(b)
(b) A physician, chiropractor, podiatrist, psychologist, dentist, hospital or health service provider shall furnish a legible, certified duplicate of the written material requested under
par. (a) upon payment of the actual costs of preparing the certified duplicate, not to exceed the greater of 45 cents per page or $7.50 per request, plus the actual costs of postage. Any person who refuses to provide certified duplicates of written material in the person's custody that is requested under
par. (a) shall be liable for reasonable and necessary costs and, notwithstanding
s. 814.04 (1), reasonable attorney fees incurred in enforcing the requester's right to the duplicates under
par. (a).
102.13(3)
(3) If 2 or more physicians, chiropractors, psychologists, dentists or podiatrists disagree as to the extent of an injured employe's temporary disability, the end of an employe's healing period, an employe's ability to return to work at suitable available employment or the necessity for further treatment or for a particular type of treatment, the department may appoint another physician, chiropractor, psychologist, dentist or podiatrist to examine the employe and render an opinion as soon as possible. The department shall promptly notify the parties of this appointment. If the employe has not returned to work, payment for temporary disability shall continue until the department receives the opinion. The employer or its insurance carrier or both shall pay for the examination and opinion. The employer or insurance carrier or both shall receive appropriate credit for any overpayment to the employe determined by the department after receipt of the opinion.
102.13(4)
(4) The rights of employes to begin or maintain proceedings for the collection of compensation and to receive weekly indemnities which accrue and become payable shall not be suspended or barred under
sub. (1) when an employe refuses to submit to a physical examination, upon the request of the employer or worker's compensation insurer or at the direction of the department or an examiner, which would require the employe to travel a distance of 100 miles or more from his or her place of residence, unless the employe has claimed compensation for treatment from a practitioner whose office is located 100 miles or more from the employe's place of residence or the department or examiner determines that any other circumstances warrant the examination. If the employe has claimed compensation for treatment from a practitioner whose office is located 100 miles or more from the employe's place of residence, the employer or insurer may request, or the department or an examiner may direct, the employe to submit to a physical examination in the area where the employe's treatment practitioner is located.
102.13(5)
(5) The department may refuse to receive testimony as to conditions determined from an autopsy if it appears that the party offering the testimony had procured the autopsy and had failed to make reasonable effort to notify at least one party in adverse interest or the department at least 12 hours before the autopsy of the time and place it would be performed, or that the autopsy was performed by or at the direction of the coroner or medical examiner or at the direction of the district attorney for purposes not authorized by
ch. 979. The department may withhold findings until an autopsy is held in accordance with its directions.
102.14
102.14
Jurisdiction of department; advisory committee. 102.14(1)(1) This chapter shall be administered by the department.
102.14(2)
(2) The council on worker's compensation shall advise the department in carrying out the purposes of this chapter. Such council shall submit its recommendations with respect to amendments to this chapter to each regular session of the legislature and shall report its views upon any pending bill relating to this chapter to the proper legislative committee. At the request of the chairpersons of the senate and assembly committees on labor, the department shall schedule a meeting of the council with the members of the senate and assembly committees on labor to review and discuss matters of legislative concern arising under this chapter.
102.14 History
History: 1975 c. 147 s.
54;
1979 c. 278.
102.15
102.15
Rules of procedure; transcripts. 102.15(1)
(1) Subject to this chapter, the department may adopt its own rules of procedure and may change the same from time to time.
102.15(2)
(2) The department may provide by rule the conditions under which transcripts of testimony and proceedings shall be furnished.
102.15(3)
(3) All testimony at any hearing held under this chapter shall be taken down by a stenographic reporter, except that in case of an emergency, as determined by the examiner conducting the hearing, testimony may be recorded by a recording machine.
102.15 History
History: 1977 c. 418;
1989 a. 64.
102.16
102.16
Submission of disputes, contributions by employes. 102.16(1)(1) Any controversy concerning compensation or a violation of
sub. (3), including controversies in which the state may be a party, shall be submitted to the department in the manner and with the effect provided in this chapter. Every compromise of any claim for compensation may be reviewed and set aside, modified or confirmed by the department within one year from the date the compromise is filed with the department, or from the date an award has been entered, based thereon, or the department may take that action upon application made within one year. Unless the word "compromise" appears in a stipulation of settlement, the settlement shall not be deemed a compromise, and further claim is not barred except as provided in
s. 102.17 (4) regardless of whether an award is made. The employer, insurer or dependent under
s. 102.51 (5) shall have equal rights with the employe to have review of a compromise or any other stipulation of settlement. Upon petition filed with the department, the department may set aside the award or otherwise determine the rights of the parties.
102.16(1m)(a)(a) If an insurer or self-insured employer concedes by compromise under
sub. (1) or stipulation under
s. 102.18 (1) (a) that the insurer or self-insured employer is liable under this chapter for any health services provided to an injured employe by a health service provider, but disputes the reasonableness of the fee charged by the health service provider, the department may include in its order confirming the compromise or stipulation a determination as to the reasonableness of the fee or the department may notify, or direct the insurer or self-insured employer to notify, the health service provider under
sub. (2) (b) that the reasonableness of the fee is in dispute.
102.16(1m)(b)
(b) If an insurer or self-insured employer concedes by compromise under
sub. (1) or stipulation under
s. 102.18 (1) (a) that the insurer or self-insured employer is liable under this chapter for any treatment provided to an injured employe by a health service provider, but disputes the necessity of the treatment, the department may include in its order confirming the compromise or stipulation a determination as to the necessity of the treatment or the department may notify, or direct the insurer or self-insured employer to notify, the health service provider under
sub. (2m) (b) that the necessity of the treatment is in dispute.
102.16(2)(a)(a) The department has jurisdiction under this subsection,
sub. (1m) (a) and
s. 102.17 to resolve a dispute between a health service provider and an insurer or self-insured employer over the reasonableness of a fee charged by the health service provider for health services provided to an injured employe who claims benefits under this chapter. The department shall deny payment of a health service fee that the department determines under this subsection,
sub. (1m) (a) or
s. 102.18 (1) (b) to be unreasonable. A health service provider and an insurer or self-insured employer that are parties to a fee dispute under this subsection are bound by the department's determination under this subsection on the reasonableness of the disputed fee, unless that determination is set aside on judicial review as provided in
par. (f). A health service provider and an insurer or self-insured employer that are parties to a fee dispute under
sub. (1m) (a) are bound by the department's determination under
sub. (1m) (a) on the reasonableness of the disputed fee, unless that determination is set aside or modified by the department under
sub. (1). An insurer or self-insured employer that is a party to a fee dispute under
s. 102.17 and a health service provider are bound by the department's determination under
s. 102.18 (1) (b) on the reasonableness of the disputed fee, unless that determination is set aside, reversed or modified by the department under
s. 102.18 (3) or by the commission under
s. 102.18 (3) or
(4) or is set aside on judicial review under
s. 102.23.
102.16(2)(b)
(b) An insurer or self-insured employer that disputes the reasonableness of a fee charged by a health service provider or the department under
sub. (1m) (a) or
s. 102.18 (1) (bg) 1. shall provide reasonable notice to the health service provider that the fee is being disputed. After receiving reasonable notice under this paragraph or under
sub. (1m) (a) or
s. 102.18 (1) (bg) 1. that a health service fee is being disputed, a health service provider may not collect the disputed fee from, or bring an action for collection of the disputed fee against, the employe who received the services for which the fee was charged.
102.16(2)(c)
(c) After a fee dispute is submitted to the department, the insurer or self-insured employer that is a party to the dispute shall provide to the department information on that fee and information on fees charged by other health service providers for comparable services. The insurer or self-insured employer shall obtain the information on comparable fees from a data base that is certified by the department under
par. (h). Except as provided in
par. (e) 1., if the insurer or self-insured employer does not provide the information required under this paragraph, the department shall determine that the disputed fee is reasonable and order that it be paid. If the insurer or self-insured employer provides the information required under this paragraph, the department shall use that information to determine the reasonableness of the disputed fee.
102.16(2)(d)
(d) For fee disputes that are submitted to the department before July 1, 2000, the department shall analyze the information provided to the department under
par. (c) according to the criteria provided in this paragraph to determine the reasonableness of the disputed fee. The department shall determine that a disputed fee is reasonable and order that the disputed fee be paid if that fee is at or below the mean fee for the health service procedure for which the disputed fee was charged, plus 1.5 standard deviations from that mean, as shown by data from a data base that is certified by the department under
par. (h). The department shall determine that a disputed fee is unreasonable and order that a reasonable fee be paid if the disputed fee is above the mean fee for the health service procedure for which the disputed fee was charged, plus 1.5 standard deviations from that mean, as shown by data from a data base that is certified by the department under
par. (h), unless the health service provider proves to the satisfaction of the department that a higher fee is justified because the service provided in the disputed case was more difficult or more complicated to provide than in the usual case.
102.16(2)(e)1.1. Subject to
subd. 2., if an insurer or self-insured employer that disputes the reasonableness of a fee charged by a health service provider cannot provide information on fees charged by other health service providers for comparable services because the data base to which the insurer or self-insured employer subscribes is not able to provide accurate information for the health service procedure at issue, the department may use any other information that the department considers to be reliable and relevant to the disputed fee to determine the reasonableness of the disputed fee.
102.16(2)(e)2.
2. Notwithstanding
subd. 1., the department may use only a hospital radiology data base that has been certified by the department under
par. (h) to determine the reasonableness of a hospital fee for radiology services.
102.16(2)(f)
(f) The department may set aside, reverse or modify a determination under this subsection within 30 days after the date of the determination. A health service provider, insurer or self-insured employer that is aggrieved by a determination of the department under this subsection may seek judicial review of that determination in the same manner that compensation claims are reviewed under
s. 102.23.
102.16(2)(h)
(h) The department shall promulgate rules establishing procedures and requirements for the fee dispute resolution process under this subsection, including rules specifying the standards that health service fee data bases must meet for certification under this paragraph. Using those standards, the department shall certify data bases of the health service fees that various health service providers charge. In certifying data bases under this paragraph, the department shall certify at least one data base of hospital fees for radiology services, including diagnostic and interventional radiology, diagnostic ultrasound and nuclear medicine.
102.16(2m)(a)(a) The department has jurisdiction under this subsection,
sub. (1m) (b) and
s. 102.17 to resolve a dispute between a health service provider and an insurer or self-insured employer over the necessity of treatment provided for an injured employe who claims benefits under this chapter. The department shall deny payment for any treatment that the department determines under this subsection,
sub. (1m) (b) or
s. 102.18 (1) (b) to be unnecessary. A health service provider and an insurer or self-insured employer that are parties to a dispute under this subsection over the necessity of treatment are bound by the department's determination under this subsection on the necessity of that treatment, unless that determination is set aside on judicial review as provided in
par. (e). A health service provider and an insurer or self-insured employer that are parties to a dispute under
sub. (1m) (b) over the necessity of treatment are bound by the department's determination under
sub. (1m) (b) on the necessity of that treatment, unless that determination is set aside or modified by the department under
sub. (1). An insurer or self-insured employer that is a party to a dispute under
s. 102.17 over the necessity of treatment and a health service provider are bound by the department's determination under
s. 102.18 (1) (b) on the necessity of that treatment, unless that determination is set aside, reversed or modified by the department under
s. 102.18 (3) or by the commission under
s. 102.18 (3) or
(4) or is set aside on judicial review under
s. 102.23.
102.16(2m)(b)
(b) An insurer or self-insured employer that disputes the necessity of treatment provided by a health service provider or the department under
sub. (1m) (b) or
s. 102.18 (1) (bg) 2. shall provide reasonable notice to the health service provider that the necessity of that treatment is being disputed. After receiving reasonable notice under this paragraph or under
sub. (1m) (b) or
s. 102.18 (1) (bg) 2. that the necessity of treatment is being disputed, a health service provider may not collect a fee for that disputed treatment from, or bring an action for collection of the fee for that disputed treatment against, the employe who received the treatment.
102.16(2m)(c)
(c) Before determining the necessity of treatment provided for an injured employe who claims benefits under this chapter, the department shall obtain a written opinion on the necessity of the treatment in dispute from an expert selected by the department. To qualify as an expert, a person must be licensed to practice the same health care profession as the individual health service provider whose treatment is under review and must either be performing services for an impartial health care services review organization or be a member of an independent panel of experts established by the department under
par. (f). The department shall adopt the written opinion of the expert as the department's determination on the issues covered in the written opinion, unless the health service provider or the insurer or self-insured employer present clear and convincing written evidence that the expert's opinion is in error.
102.16(2m)(d)
(d) The department may charge a party to a dispute over the necessity of treatment provided for an injured employe who claims benefits under this chapter for the full cost of obtaining the written opinion of the expert under
par. (c). The department shall charge the insurer or self-insured employer for the full cost of obtaining the written opinion of the expert for the first dispute that a particular individual health service provider is involved in, unless the department determines that the individual health service provider's position in the dispute is frivolous or based on fraudulent representations. In a subsequent dispute involving the same individual health service provider, the department shall charge the losing party to the dispute for the full cost of obtaining the written opinion of the expert.
102.16(2m)(e)
(e) The department may set aside, reverse or modify a determination under this subsection within 30 days after the date of the determination. A health service provider, insurer or self-insured employer that is aggrieved by a determination of the department under this subsection may seek judicial review of that determination in the same manner that compensation claims are reviewed under
s. 102.23.
102.16(2m)(f)
(f) The department may contract with an impartial health care services review organization to provide the expert opinions required under
par. (c), or establish a panel of experts to provide those opinions, or both. If the department establishes a panel of experts to provide the expert opinions required under
par. (c), the department may pay the members of that panel a reasonable fee, plus actual and necessary expenses, for their services.
102.16(2m)(g)
(g) The department shall promulgate rules establishing procedures and requirements for the necessity of treatment dispute resolution process under this subsection, including rules setting the fees under
par. (f).
102.16(3)
(3) No employer subject to this chapter may solicit, receive or collect any money from an employe or any other person or make any deduction from their wages, either directly or indirectly, for the purpose of discharging any liability under this chapter or recovering premiums paid on a contract described under
s. 102.31 (1) (a); nor may any such employer sell to an employe or other person, or solicit or require the employe or other person to purchase, medical, chiropractic, podiatric, psychological, dental or hospital tickets or contracts for medical, surgical, hospital or other health care treatment which is required to be furnished by that employer.
102.16(4)
(4) The department has jurisdiction to pass on any question arising out of
sub. (3) and has jurisdiction to order the employer to reimburse an employe or other person for any sum deducted from wages or paid by him or her in violation of that subsection. In addition to the penalty provided in
s. 102.85 (1), any employer violating
sub. (3) shall be liable to an injured employe for the reasonable value of the necessary services rendered to that employe pursuant to any arrangement made in violation of
sub. (3) without regard to that employe's actual disbursements for the same.
102.16(5)
(5) Except as provided in
s. 102.28 (3), no agreement by an employe to waive the right to compensation is valid.
102.16 Annotation
The continuing obligation to compensate an employe for work related medical expenses under s. 102.42 does not allow agency review of compromise agreements after the one-year statute of limitations in s. 102.16 (1) has run if the employe incurs medical expenses after that time. Schenkoski v. LIRC, 203 W (2d) 109, 552 NW (2d) 120 (Ct. App. 1996)
102.17
102.17
Procedure; notice of hearing; witnesses, contempt; testimony, medical examination. 102.17(1)(a)(a) Upon the filing with the department by any party in interest of any application in writing stating the general nature of any claim as to which any dispute or controversy may have arisen, it shall mail a copy of such application to all other parties in interest and the insurance carrier shall be deemed a party in interest. The department may bring in additional parties by service of a copy of the application. The department shall cause notice of hearing on the application to be given to each party interested, by service of such notice on the interested party personally or by mailing a copy to the interested party's last-known address at least 10 days before such hearing. In case a party in interest is located without the state, and has no post-office address within this state, the copy of the application and copies of all notices shall be filed with the department of financial institutions and shall also be sent by registered or certified mail to the last-known post-office address of such party. Such filing and mailing shall constitute sufficient service, with the same effect as if served upon a party located within this state. The hearing may be adjourned in the discretion of the department, and hearings may be held at such places as the department designates, within or without the state. The department may also arrange to have hearing held by the commission, officer or tribunal having authority to hear cases arising under the worker's compensation law of any other state, of the District of Columbia, or of any territory of the United States, the testimony and proceedings at any such hearing to be reported to the department and to be part of the record in the case. Any evidence so taken shall be subject to rebuttal upon final hearing before the department.
102.17(1)(b)
(b) In any dispute or controversy pending before the department, the department may direct the parties to appear before an examiner for a conference to consider the clarification of issues, the joining of additional parties, the necessity or desirability of amendments to the pleadings, the obtaining of admissions of fact or of documents, records, reports and bills which may avoid unnecessary proof and such other matters as may aid in disposition of the dispute or controversy. After this conference the department may issue an order requiring disclosure or exchange of any information or written material which it considers material to the timely and orderly disposition of the dispute or controversy. If a party fails to disclose or exchange within the time stated in the order, the department may issue an order dismissing the claim without prejudice or excluding evidence or testimony relating to the information or written material. The department shall provide each party with a copy of any order.
102.17(1)(c)
(c) Either party shall have the right to be present at any hearing, in person or by attorney, or any other agent, and to present such testimony as may be pertinent to the controversy before the department. No person, firm or corporation other than an attorney at law, duly licensed to practice law in the state, may appear on behalf of any party in interest before the department or any member or employe of the department assigned to conduct any hearing, investigation or inquiry relative to a claim for compensation or benefits under this chapter, unless the person is 18 years of age or older, does not have an arrest or conviction record, subject to
ss. 111.321,
111.322 and
111.335, is otherwise qualified and has obtained from the department a license with authorization to appear in matters or proceedings before the department. Except as provided under
pars. (cm) and
(cr), the license shall be issued by the department under rules to be adopted by the department. There shall be maintained in the office of the department a current list of persons to whom licenses have been issued. Any license may be suspended or revoked by the department for fraud or serious misconduct on the part of an agent, any license may be denied, suspended, nonrenewed or otherwise withheld by the department for failure to pay court-ordered payments as provided in
par. (cm) on the part of an agent and any license may be denied or revoked if the department of revenue certifies under
s. 73.0301 that the applicant or licensee is liable for delinquent taxes. Before suspending or revoking the license of the agent on the grounds of fraud or misconduct, the department shall give notice in writing to the agent of the charges of fraud or misconduct, and shall give the agent full opportunity to be heard in relation to the same. In denying, suspending, restricting, refusing to renew or otherwise withholding a license for failure to pay court-ordered payments as provided in
par. (cm), the department shall follow the procedure provided in a memorandum of understanding entered into under
s. 49.857. The license and certificate of authority shall, unless otherwise suspended or revoked, be in force from the date of issuance until the June 30 following the date of issuance and may be renewed by the department from time to time, but each renewed license shall expire on the June 30 following the issuance thereof.
102.17(1)(cg)1.1. The department shall require each applicant for a license under
par. (c) who is an individual to provide the department with the applicant's social security number, and shall require each applicant for a license under
par. (c) who is not an individual to provide the department with the applicant's federal employer identification number, when initially applying for or applying to renew the license.
102.17(1)(cg)2.
2. The department may not issue or renew a license under
par. (c) to or for an applicant who is an individual unless the applicant has provided the applicant's social security number to the department and may not issue or renew a license under
par. (c) to or for an applicant who is not an individual unless the applicant has provided the applicant's federal employer identification number to the department.
102.17(1)(cg)3.
3. The subunit of the department that obtains a social security number or a federal employer identification number under
subd. 1. may not disclose the social security number or the federal employer identification number to any person except to the department of revenue for the sole purpose of requesting certifications under
s. 73.0301 or on the request of the subunit of the department that administers the child and spousal support program under
s. 49.22 (2m).
102.17(1)(cm)
(cm) The department shall deny, suspend, restrict, refuse to renew or otherwise withhold a license under
par. (c) for failure of the applicant or agent to pay court-ordered payments of child or family support, maintenance, birth expenses, medical expenses or other expenses related to the support of a child or former spouse or for failure of the applicant or agent to comply, after appropriate notice, with a subpoena or warrant issued by the department or a county child support agency under
s. 59.53 (5) and related to paternity or child support proceedings, as provided in a memorandum of understanding entered into under
s. 49.857. Notwithstanding
par. (c), an action taken under this paragraph is subject to review only as provided in the memorandum of understanding entered into under
s. 49.857 and not as provided in
ch. 227.
102.17(1)(cr)
(cr) The department shall deny an application for the issuance or renewal of a license under
par. (c), or revoke such a license already issued, if the department of revenue certifies under
s. 73.0301 that the applicant or licensee is liable for delinquent taxes. Notwithstanding
par. (c), an action taken under this paragraph is subject to review only as provided under
s. 73.0301 (5) and not as provided in
ch. 227.
102.17(1)(d)
(d) The contents of certified medical and surgical reports by physicians, podiatrists, surgeons, dentists, psychologists and chiropractors licensed in and practicing in this state and of certified reports by experts concerning loss of earning capacity under
s. 102.44 (2) and
(3), presented by a party for compensation constitute prima facie evidence as to the matter contained in them, subject to any rules and limitations the department prescribes. Certified reports of physicians, podiatrists, surgeons, dentists, psychologists and chiropractors, wherever licensed and practicing, who have examined or treated the claimant, and of experts, if the practitioner or expert consents to subject himself or herself to cross-examination also constitute prima facie evidence as to the matter contained in them. Certified reports of physicians, podiatrists, surgeons, psychologists and chiropractors are admissible as evidence of the diagnosis, necessity of the treatment and cause and extent of the disability. Certified reports by doctors of dentistry are admissible as evidence of the diagnosis and necessity for treatment but not of disability. Any physician, podiatrist, surgeon, dentist, psychologist, chiropractor or expert who knowingly makes a false statement of fact or opinion in such a certified report may be fined or imprisoned, or both, under
s. 943.395. The record of a hospital or sanatorium in this state operated by any department or agency of the federal or state government or by any municipality, or of any other hospital or sanatorium in this state which is satisfactory to the department, established by certificate, affidavit or testimony of the supervising officer or other person having charge of such records, or of a physician, podiatrist, surgeon, dentist, psychologist or chiropractor to be the record of the patient in question, and made in the regular course of examination or treatment of such patient, constitutes prima facie evidence in any worker's compensation proceeding as to the matter contained in it, to the extent that it is otherwise competent and relevant. The department may, by rule, establish the qualifications of and the form used for certified reports submitted by experts who provide information concerning loss of earning capacity under
s. 102.44 (2) and
(3). The department may not admit into evidence a certified report of a practitioner or other expert or a record of a hospital or sanatorium that was not filed with the department and all parties in interest at least 15 days before the date of the hearing, unless the department is satisfied that there is good cause for the failure to file the report.
102.17(1)(e)
(e) The department may, with or without notice to either party, cause testimony to be taken, or an inspection of the premises where the injury occurred to be made, or the time books and payrolls of the employer to be examined by any examiner, and may direct any employe claiming compensation to be examined by a physician, chiropractor, psychologist, dentist or podiatrist. The testimony so taken, and the results of any such inspection or examination, shall be reported to the department for its consideration upon final hearing. All ex parte testimony taken by the department shall be reduced to writing and either party shall have opportunity to rebut such testimony on final hearing.
