Mail to the Wis.
Worker's Compensation Division, DWD
In May 2005, the Department announced the following
new policy for sending correspondence to the Worker's
Compensation Division that requires action by an
administrative law judge:
The Division
receives about 1500 pieces of mail per day on
average. To assist Division staff in routing this
high volume of incoming mail, we ask that all
correspondence (including facsimile correspondence)
requesting some type of action on a litigated
claim contain the following label in bold and
all capital letters: "ALJ ACTION REQUESTED."
The term "action" refers to requests that would
normally be brought by motion in a civil case.
Examples include, but are not limited to, the
following:
 |
requests for
dismissal |
|
requests for
expedited hearings |
|
requests for
postponement or cancellation of a hearing |
|
requests that a
hearing not be scheduled until after a particular
date or event |
|
requests for
assistance in resolving disputes over respondent
medical
examinations or production of records authorizations |
|
requests for
prehearing conferences |
|
requests for
joinder of another party or parties |
|
requests for
permission to take a deposition under Wis. Stat. §
102.17 (1) (f) |
Limitations on Opinions by Physician Assistants and
Advanced Prescribing Nurse Practitioners, by
Janell Knutson, 5/11/04
Limitations on Public Access to
Records, from the
Web site of the Worker's Compensation Division, DWD,
WKC-9461-P (R.01/2002)
Domestic servants and home-care providers, from
Web page of the Worker's Compensation Division, DWD, 8/12/03
Decisions by LIRC on claims by home-care providers:
Joyce Ambrose v. Harley VanDeveer Family Trust,
WC Claim No. 86-39393 (LIRC Feb. 28, 1989)
Donna Winkler v. Vivian H. Smith, WC Claim No.
1998-059089 (LIRC June 29, 2000)
Also see
Last v. American Family Mut. Ins. Co., 2000 WI
App 169, 238 Wis.2d 140,
617 N.W.2d 215 -- Homeowner’s insurer has no duty to defend
WC claim by domestic servant against alleged employer
Independent (Adverse) Medical
Examinations - IMEs - Wis. Stat. section 102.13
Independent medical examinations, from
the
Web site of the Worker's Compensation Division, DWD,
4/21/03
No separate psychiatric exam permitted if claim does
not include mental component, by James T.
O'Malley, 12/26/00
Payment of mileage expense in straight line as the
crow flies from residence to place of exam, payment of
lost wages to attend exam, by James T. O'Malley,
8/11/97
Follow-up exam must be by same examiner as original
examiner, unless there is good reason for changing, as
determined on case by case basis, by Roy L.
Sass, 12/28/93
Follow-up psychiatric exam allowed after 6 months,
different examiner if first one became treating
practitioner, separate exam on physical component
permitted, by Andrew M. Roberts, 12/16/92
Payment by insurer of lost wages to attend IME,
by Harry F. Benkert, 6/24/87
Statutory requirements of 102.13(1) must be met, no
unilateral suspension of benefits for failure to appear,
by Harry F. Benkert, 11/14/84
Surveillance Videos
Klatt v. Milwaukee
Composites, Claim No. 1998-065107 & 2000-012004 (LIRC Oct. 16, 2003)
-- Use of surveillance videos at hearing
This case was remanded to LIRC from the Circuit Court for Milwaukee County,
for the Commission to determine the proper use of surveillance videotapes on
worker's compensation claims. The Commission's decision on remand is significant
in finally providing guidance on some of the issues relating to surveillance
videos. Klatt cites an unpublished court
of appeals decision on surveillance videos: Premeau
v. LIRC, No. 00-0266 (Wis. Ct. App. Jan. 11, 2001).
Small pox vaccination reactions, by Roberta
Gassman, DWD Secretary, 1/16/03
Child support
liability under § 102.27, Wis. Stats., by Mark T. Shore, 3/7/02
(Although not a statement of Dept. policy, you may also
want to review
Attorney Jan Schroeder's e-mail message to Mark Shore,
with additional information on the issue.)
Computing
the 3-day waiting period, Insurance Letter 431, 8/8/01, with Examples of
computations for various fact situations
Filing
partial copies of certified med records, by James T. O'Malley, 6/8/01
SSDI claim - Access to records of Social Security
Administration should be permitted, since records
related to Social Security disability insurance claim
are relevant to WC claim, by James T. O'Malley,
12/18/00
Minimum
PPD for cervical spine surgery, § DWD 80.32(11), Insurance Letter 417, 8/21/00
Limitations
on expert opinions by dentists, Barbara Ames v. Advance Transformer of
Platteville, WC Claim No. 87067052 (LIRC April 25, 1997)
Final medical report by treating practitioner - cost
must be paid by insurer, 8/27/96, James T.
O'Malley
SSI
benefits - No offset and no access to records, by Mary Lynn Endter,
7/1/96 (Note: SSI benefits are a form of public assistance, unlike SSDI
benefits that are a form of disability insurance)
Department ex parte contact with represented
parties, by Dick
Smith, 6/2/94
Ex
parte communications with Department by attorney, by Joseph P.
Schaeve,
9/3/93
Interest
on LIRC orders that affirm part of ALJ's order, Dick Smith, 3/3/93
Limitations
on expert opinions by epidemiologist, by James T. O'Malley, 1/28/93
Lien
for public assistance benefits - medical expense and general relief, by Thomas
J. McSweeney, 9/28/92
Income tax authorizations - signing by employee
required, by Steve M. Jackson, 8/12/91
Police
officers and deputy sheriffs borrowed for mutual aid - liability for loaned
employees, by James T. O'Malley, 7/22/91
No
offset against TTD for unemployment insurance benefits, by Helen L. Schott,
8/23/89
(Also see,
Dina Zwieg v. Fort Atkinson Memorial Health,
WC Claim No. 1998023429 (LIRC Dec. 28, 2000)
Medical authorizations - Signing and limitations
added,
by Harry F. Benkert, 10/15/87
Credit for subpoena expenses already paid, when
hearing was adjourned, by Helen L. Schott,
8/21/87
Apportionment
of PPD - no reduction for pre-existing conditions,
credit allowed only for pre-existing disability,
by Helen L. Schott, 3/30/87
(Although definitely not a statement of Dept.
policy, the rebuttal
memo by Attorney William R. Sachse is also
available here.)
Loss of earning capacity is based on wage at time of
injury, even if measured later when same job would pay
more, Harry F. Benkert, 12/18/86
No
TTD for lost time to obtain med treatment unless disabled, by Harry F.
Benkert, 10/8/86
No concurrent payment of PPD and vocational
retraining benefits, by James T. O'Malley,
6/26/86
WC insurer's communications with treating
practitioner, by Harry F. Benkert, 3/3/86
No charge for copies of records furnished to adverse
party, by Harry F. Benkert, 12/5/85
Disfigurement award is payable on periodic basis, and
becomes part of permanent disability payable, by
Harry F. Benkert, 3/13/85
