Chapter LIRC 1

LABOR AND INDUSTRY REVIEW COMMISSION PROCEDURE

LIRC 1.01   General.

LIRC 1.015   Definitions.

LIRC 1.02   Petitions for review; appeal period.

LIRC 1.025   Petitions for review; filing.

LIRC 1.031   Timeliness of petitions in unemployment insurance cases and worker classification compliance cases.

LIRC 1.041   Cross-petitions.

LIRC 1.051   Answers.

LIRC 1.061   Withdrawals.

LIRC 1.071   Record used for review.

LIRC 1.08   Obtaining copy of record.

LIRC 1.09   Hearings.

LIRC 1.10   Oral argument.

LIRC 1.11   Briefs.

LIRC 1.12   Rehearings in equal rights cases.

LIRC 1.13   Compromise settlements in worker’s compensation cases.

LIRC 1.14   Actions for judicial review in unemployment insurance cases, worker classification compliance cases, and worker’s compensation cases.

LIRC 1.01 LIRC 1.01 General. The labor and industry review commission has jurisdiction for review of cases arising under ss. 40.65 (2), 59.88, 62.624, 102.18 (3) and (4), 106.52 (4), 106.56 (4), 108.09 (6), 108.095(6), 108.10 (2) and (3), 111.39 (5) (a), 303.07 (7) and 303.21, Stats., and s. 66.191, 1981 Stats.

LIRC 1.01 History History: Cr. Register, March, 1981, No. 303, eff. 4-1-81; am. Register, August, 1982, No. 320, eff. 9-1-82; am. Register, January, 1985, No. 349, eff. 2-1-85; am. Register, May, 1997, No. 497, eff. 6-1-97; correction made under s. 13.93 (2m) (b) 7., Stats., Register September 2001 No. 549; CR 05-092: am. Register July 2006 No. 607, eff. 8-1-06; CR 21-105: am. Register July 2022 No. 799, eff. 8-1-22.

LIRC 1.015 LIRC 1.015 Definitions. In this chapter:

LIRC 1.015(1) (1) “Commission” means the labor and industry review commission.

LIRC 1.015(2) (2) “Department” means the department of workforce development.

LIRC 1.015(3) (3) “Division of hearings and appeals” means the division of hearings and appeals in the department of administration.

LIRC 1.015(4) (4) “Equal rights case” means a case in which the commission has jurisdiction under s. 106.52 (4), 106.56 (4), or 111.39 (5) (a), Stats.

LIRC 1.015(5) (5) “Equal rights division” means the division of equal rights in the department.

LIRC 1.015(6) (6) “Unemployment insurance case” means a case in which the commission has jurisdiction under s. 108.09 (6), 108.095(6), or 108.10 (2) or (3), Stats.

LIRC 1.015(7) (7) “Worker classification compliance case” means a case in which the commission has jurisdiction under s. 103.06 (6), Stats.

LIRC 1.015(8) (8) “Worker’s compensation case” means a case in which the commission has jurisdiction under s. 40.65, 59.88, 62.624, 102.18 (3) or (4), 303.07 (7), or 303.21, Stats., or s. 66.191, 1981 Stats.

LIRC 1.015 History History: CR 05-092: cr. Register July 2006 No. 607, eff. 8-1-06; CR 21-105: cr. (intro.), am. (1), (2), cr. (3) to (8) Register July 2022 No. 799, eff. 8-1-22.

LIRC 1.02 LIRC 1.02 Petitions for review; appeal period. All petitions for commission review shall be filed within 21 days from the date of mailing of the findings and decision or order, except that the petition may be filed on the next business day if the 21st day falls on any of the following:

LIRC 1.02(1) (1) January 1.

LIRC 1.02(1m) (1m) The third Monday in January.

LIRC 1.02(1r) (1r) The third Monday in February.

LIRC 1.02(3) (3) The last Monday in May.

LIRC 1.02(4) (4) July 4.

LIRC 1.02(5) (5) The first Monday in September.

LIRC 1.02(5m) (5m) The second Monday in October.

LIRC 1.02(5r) (5r) November 11.

LIRC 1.02(6) (6) The fourth Thursday in November.

LIRC 1.02(7) (7) December 24, 25 or 31.

LIRC 1.02(8) (8) The Monday following if January 1, July 4 or December 25 falls on Sunday.

LIRC 1.02(9) (9) Any other day on which mail is not delivered by the postal authorities. 

LIRC 1.02 History History: Cr. Register, March, 1981, No. 303, eff. 4-1-81; am. Register, August, 1982, No. 320, eff. 9-1-82; am. (intro.), (3), (5), (6) and (8), cr. (1m), (1r), (5m) and (5r), Register, January, 1985, No. 349, eff. 2-1-85; am. (intro.) and (1m), Register, May, 1988, No. 389, eff. 6-1-88; am. Register, May, 1997, No. 497, eff. 6-1-97; CR 05-092: am. (intro.) Register July 2006 No. 607, eff. 8-1-06.

LIRC 1.025 LIRC 1.025 Petitions for review; filing.

LIRC 1.025(1) (1) When petitions considered filed. A petition for review filed by mail or personal delivery is deemed filed only when it is actually received by the office to which the petition is mailed or delivered, except that petitions for review in unemployment insurance cases and worker classification compliance cases which are filed by mail or personal delivery are deemed filed when received or postmarked as provided for in s. LIRC 1.031.

LIRC 1.025(1e) (1e) Unemployment insurance and worker classification compliance petitions; how to file.

LIRC 1.025(1e)(a) (a) Except as provided in par. (b), a petition in an unemployment insurance case or worker classification compliance case shall be filed with the commission by one of the following methods:

LIRC 1.025(1e)(a)1. 1. By personal delivery at the commission’s office at 3319 West Beltline Highway, 2nd Floor, Madison, WI 53713.

LIRC 1.025(1e)(a)2. 2. By mail to the commission’s office at 3319 West Beltline Highway, P.O. Box 8126, Madison, WI 53708.

LIRC 1.025(1e)(a)3. 3. By facsimile transmission to [phone].

LIRC 1.025(1e)(a)4. 4. On the commission’s website as provided in sub. (4).

LIRC 1.025(1e)(b) (b) A petition filed by an interstate claimant may be filed as provided in par. (a) or with a qualified employee of the agent state in which the interstate claimant files his or her claim.

LIRC 1.025(1m) (1m) Worker’s compensation petitions; how to file. A petition in a worker’s compensation case shall be filed with any of the following:

LIRC 1.025(1m)(a) (a) The commission by any of the following methods:

LIRC 1.025(1m)(a)1. 1. By mail to 3319 West Beltline Highway, P.O. Box 8126, Madison, WI 53708.

LIRC 1.025(1m)(a)2. 2. By personal delivery to 3319 West Beltline Highway, 2nd Floor, Madison, WI 53713.

LIRC 1.025(1m)(a)3. 3. By facsimile transmission to [phone].

LIRC 1.025(1m)(a)4. 4. On the commission’s website as provided in sub. (4).

LIRC 1.025(1m)(b) (b) The division of hearings and appeals by any of the following methods:

LIRC 1.025(1m)(b)1. 1. By mail or personal delivery to 4822 Madison Yards Way 5th Floor North, Madison, WI 53705, or by facsimile transmission to [phone].

LIRC 1.025(1m)(b)2. 2. By mail or personal delivery to 819 North Sixth Street, Room 330, Milwaukee, WI 53203, or by facsimile transmission to [phone].

LIRC 1.025(1m)(b)3. 3. By mail or personal delivery to 54 Park Place, Suite 900, Appleton, WI 54914, or by facsimile transmission to [phone].

LIRC 1.025(1m)(c) (c) The worker’s compensation division of the department by any of the following methods:

LIRC 1.025(1m)(c)1. 1. By mail to 201 East Washington Avenue, P.O. Box 7901, Madison, WI 53707.

LIRC 1.025(1m)(c)2. 2. By personal delivery to 201 East Washington Avenue, Madison, WI 53703.

LIRC 1.025(1m)(c)3. 3. By facsimile transmission to [phone].

LIRC 1.025(1s) (1s) Equal rights petitions; how to file. A petition for commission review in an equal rights case shall be filed with the equal rights division by any of the following methods:

LIRC 1.025(1s)(a) (a) Milwaukee. By mail or personal delivery to 819 North Sixth Street, Milwaukee, WI 53203 or by facsimile transmission to [phone].

LIRC 1.025(1s)(b) (b) Madison. By mail to 201 East Washington Avenue, P.O. Box 8928, Madison, WI 53708; by personal delivery to 201 East Washington Avenue, Madison, WI 53703; or by facsimile transmission to [phone].

LIRC 1.025(2) (2) Limit on filing by electronic data transmission. Petitions for review may not be filed by e-mail or, except as provided in subs. (3) and (4), by any other method of electronic data transmission.

LIRC 1.025(3) (3) Petitions filed by facsimile transmission.

LIRC 1.025(3)(a) (a) A petition for review transmitted by facsimile is not deemed filed unless and until the petition is received and printed at the recipient facsimile machine of the commission, the division of hearings and appeals, or the division of the department to which the petition is being transmitted. The party transmitting a petition by facsimile is solely responsible for ensuring its timely receipt. The commission is not responsible for errors or failures in transmission.

LIRC 1.025(3)(b) (b)

LIRC 1.025(3)(b)1. 1. Except as provided in subds. 2 and 3., a petition for review transmitted by facsimile transmission is considered filed on the date of transmission recorded and printed by the recipient facsimile machine.

LIRC 1.025(3)(b)2. 2. Except as provided in subd. 3., a petition for review in an equal rights case transmitted by facsimile transmission after the regular business hours of the equal rights division is considered filed on the next business day.

LIRC 1.025(3)(b)3. 3. If the commission’s, the division of hearings and appeals’, or department’s records indicate receipt of the facsimile at a date later than the date of transmission recorded and printed by the recipient facsimile machine, then the later date shall control.

LIRC 1.025(4) (4) Petitions filed on the commission’s website.

LIRC 1.025(4)(a) (a) Except in equal rights cases, petitions for review may be filed electronically through the internet website of the commission at the following webpages:

LIRC 1.025(4)(a)1. 1. For a petition in an unemployment insurance case or worker classification compliance case, https://lirc.wisconsin.gov/ui_appeal.htm.

LIRC 1.025(4)(a)2. 2. For a petition in a worker’s compensation case, https://lirc.wisconsin.gov/wc_appeal.htm.

LIRC 1.025(4)(b) (b) Successful filing of a petition for review electronically through the internet website of the commission will result in a display on the petitioner’s internet browser of a message confirming that the petition has been successfully filed. A petition for review transmitted electronically through the website of the commission is not deemed filed unless and until the confirmation message is displayed.

LIRC 1.025(4)(c) (c) The commission is not responsible for errors in transmission that result in failure of a petition to be successfully filed electronically through the website of the commission. A petition for review filed electronically through the internet website of the commission is deemed filed on the date of filing stated on the commission’s electronic record of the filing.

LIRC 1.025(5) (5) No filing by telephone. Petitions for review may not be filed by telephone.

LIRC 1.025 History History: Cr. Register, May, 1997, No. 497, eff. 6-1-97; CR 05-092: r. and recr. Register July 2006 No. 607, eff. 8-1-06; CR 09-014: am. (3) and (4) Register September 2009 No. 645, eff. 10-1-09; CR 21-105: am. (1), cr. (1e), (1m), renum. (1e) (b) and (1s) from LIRC 2.01 (2) and 4.01 and am., am. (2), renum. (3) to (3) (a), (b) 2., 3. and am., cr. (3) (b) 1., renum. (4) to (4) (a) (intro.), (b), (c) and am. (4) (a) (intro.), cr. (4) (a) 1., 2., (5) (title) Register July 2022 No. 799, eff. 8-1-22; correction in (1) made under s. 35.17, Stats., correction in (1m) (a) 2. made under s. 13.92 (4) (b) 6., and correction in (2) made under s. 13.92 (4) (b) 7., Register July 2022 No. 799.

LIRC 1.031 LIRC 1.031 Timeliness of petitions in unemployment insurance cases and worker classification compliance cases. For purposes of s. 108.09 (6) (a), Stats., the words “received” and “postmarked” have the following meanings:

LIRC 1.031(1) (1) If the petition is personally delivered, the petition is “received” when the commission physically receives the petition.

LIRC 1.031(2) (2) If the petition is mailed and bears only a United States postal service postmark, the petition is “postmarked” on the date of that postmark.

LIRC 1.031(3) (3) If the petition is mailed and bears both a United States postal service postmark and a private meter mark, the petition is “postmarked” on the date of the United States postal service postmark.