Act 55 transferred the adjudication of disputed worker’s compensation claims and related claims from DWD to DHA. The policy underlying those procedural rules is the efficient administration of hearings in worker's compensation hearings while ensuring due process to all parties to those hearings. The proposed rule does not change the existing policies relevant to the rule.
The policy alternative is to do nothing. If DHA does not move forward with the proposed rule, there is a potential for ambiguity regarding the application of certain procedural rules retained by DWD--which relate to the transferred adjudicatory functions but may not relate primarily to those functions---in cases heard by DHA. There would be no formal rule describing DHA's mediation process in worker's compensation cases.
4. Detailed explanation of statutory authority for the rule (including the statutory citation and language):
"(2) In this chapter: … (ar) 'Division' means the division of hearings and appeals in the department of administration. "
"(1) Subject to this chapter, the division [DHA] may adopt its own rules of procedure and may change the same from time to time.
102.15(2) “(2) The division [DHA] may provide by rule the conditions under which transcripts of testimony and proceedings shall be furnished.” "The division [DHA] 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)…" also:
"Any division … attached under this section to a department or independent agency or a specified division thereof shall be a distinct unit of that department, independent agency or specified division. Any division, … so attached shall exercise its powers, duties and functions prescribed by law, including rule making, licensing and regulation, and operational planning within the area of program responsibility of the division …"
"(2) Rule-making authority is expressly conferred on an agency as follows: … 227.11(2)(a) (b) Each agency may prescribe forms and procedures in connection with any statute enforced or administered by it, if the agency considers it necessary to effectuate the purpose of the statute, but this paragraph does not authorize the imposition of a substantive requirement in connection with a form or procedure." 5. Estimate of amount of time that state employees will spend developing the rule and of other resources necessary to develop the rule:
The estimated amount of time that state employees will spend developing the rule is 200 hours.
6. List with description of all entities that may be affected by the proposed rule:
The proposed rule will affect parties to worker's compensation and related hearings, including employees, employers, insurers, self-insured employers, and attorneys and other persons representing those parties at hearing. The entities affected may include all of the following:
State Bar of Wisconsin
Wisconsin Manufacturers and Commerce
Worker's Compensation Advisory Council
7. Summary and preliminary comparison with any existing or proposed federal regulation that is intended to address the activities to be regulated by the proposed rule:
No existing or proposed federal regulations relate to the proposed rule.
8. Anticipated economic impact of implementing the rule (note if the rule is likely to have a significant economic impact on small businesses):
The proposed rule will have little or no economic impact locally or state-wide. The proposed rule is procedural in nature and will have no economic impact on small business.
Contact Person:
Jeffrey Shampo
Administrative Law Judge
Office of Worker's Compensation Hearings
PO Box 7922
Madison, WI 53707-7922
(608) 222-3048
Department Head or Authorized Signature
Date Submitted
