Wis. Admin. Code Department of Administration-Division of Hearings and Appeals HA 4.03

Current through December 30, 2024

Section HA 4.03 - Application of department rules

(1) Section DWD 80.025 applies to the procedure for inspection and copying of worker's compensation records in the custody of the division.

(2)

(a) Except as provided in par. (b), the provisions of s. DWD 80.03 apply with respect to the division when the division acts on a compromise under s. l02.16 (1) (c), Stats., to the same extent those provisions apply to the department when acting on a compromise under s. 102.16(1) (b), Stats.

(b) All written compromise agreements submitted to the division shall contain the following statement:

The employee has the right to petition the department of administration, division of hearings and appeals to set aside or modify this compromise agreement within one year of its approval by the division. The division may set aside or modify the compromise agreement. The right to request the division to set aside or modify the compromise agreement does not guarantee that the compromise will in fact be reopened.

(3) Substantive rules of the department that implement, interpret, or make specific legislation enforced or administered by the department within the meaning of s. 227.01(13), Stats., have the force and effect of law in proceedings before the division under this chapter.

Wis. Admin. Code Department of Administration-Division of Hearings and Appeals HA 4.03

Adopted by, CR 18-059: cr. Register July 2019 No. 763, eff. 8/1/2019

Substantive rules of the department dealing with worker's compensation have the force and effect of law in worker's compensation and related proceedings before the division. These include, without limitation, the factors listed in s. DWD 80.34 in determining loss of earning capacity, the factors listed in s. DWD 80.39 in determining whether to order full or partial payment of unaccrued compensation to an employee or his or her dependents under s. 102.32(6m), Stats., the provisions of s. DWD 80.43 in determining the amount of attorney fees and costs under s. 102.26(3), Stats., and the factors set out in s. DWD 80.49(9) (b) in determining whether an offer of employment is suitable under s. DWD 80.49(8) (c) and (9) (b).