Chapter LIRC 1

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].