Register September 2009 No. 645
Chapter LIRC 1
LABOR AND INDUSTRY REVIEW COMMISSION PROCEDURE
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 1.071 Record used for review. LIRC 1.08 Obtaining copy of record. 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 1.01LIRC 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 HistoryHistory: 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 1.015LIRC 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(5)(5) “Equal rights division” means the division of equal rights in the department. 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 HistoryHistory: 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 1.02LIRC 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(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 HistoryHistory: 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 1.025LIRC 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)(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)2.2. By personal delivery to 3319 West Beltline Highway, 2nd Floor, Madison, WI 53713. 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 (608) 266-0018. 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 (414) 227-4012. 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 (920) 832-5355. LIRC 1.025(1m)(c)(c) The worker’s compensation division of the department by any of the following methods: 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 (414) 227-4084.
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