HA 4.03 History History: CR 18-059: cr. Register July 2019 No. 763, eff. 8-1-19.

HA 4.04 HA 4.04 Procedure on claim.

HA 4.04(1) (1) In cases of disputes in matters coming under the jurisdiction of ch. 102, Stats., or s. 40.65, 59.88 (3), 62.624 (2), 106.25, 303.07 (7), or 303.21, Stats., and s. 66.191, 1981 Stats., any party to the dispute may apply to the department for relief.

HA 4.04(2) (2) In all such cases under sub. (1), the applicant shall file his or her application with the department, along with sufficient copies of the application for service on the respondents. The department shall thereupon serve the respondents with a copy of the application and the respondents shall file an answer to the application with the division within 20 days after the service and likewise serve a copy of the answer on the applicant. If no answer is mailed by the respondent within 20 days of service of the application by the department, the division may issue an order by default, without hearing, in accordance with the application, as provided by s. 102.18 (1) (a), Stats.

HA 4.04 Note Note: See s. 102.17, Stats.

HA 4.04(3) (3) After an application for hearing is served, the division shall manage its caseload by appropriate action including any of the following:

HA 4.04(3)(a) (a) Determining whether any answer received is complete, identifies the correct date of injury, and identifies the correct parties for that date of injury.

HA 4.04(3)(b) (b) Filing documents or other material received or issued in connection with the claim.

HA 4.04(3)(c) (c) Controlling its calendar and scheduling matters for hearing.

HA 4.04(3)(d) (d) Notifying the parties of the time and place of hearing, at least 10 days prior to the hearing.

HA 4.04(3)(e) (e) Conducting hearings and making findings, orders, and awards that are lawful and just under the circumstances.

HA 4.04(4) (4) After an application for hearing is served, the division, when appropriate, may take other action to manage its caseload, including any of the following:

HA 4.04(4)(a) (a) In cases of vision loss and hearing loss, obtaining a computation of permanent disability indemnity.

HA 4.04(4)(b) (b) Impleading other employers or insurance carriers.

HA 4.04(4)(c) (c) Securing the participation of the uninsured employers fund or the work injury supplemental benefit fund.

HA 4.04(4)(d) (d) Dismissing parties improperly served with the application.

HA 4.04(4)(e) (e) Dismissing the application if defective or upon request of a party.

HA 4.04(4)(f) (f) Scheduling and conducting prehearing conferences.

HA 4.04(4)(g) (g) Adjourning or postponing prehearing conferences and hearings scheduled under par. (f) and sub. (3) (c).

HA 4.04(4)(h) (h) Within 21 days of issuance, setting aside, reversing, or modifying findings, orders or awards as provided in s. 102.18 (3), Stats.

HA 4.04(5) (5) For injuries for which an employer is required to give notice under s. DWD 80.02 (1) (a), a self-insured employer or insurance company shall, when submitting a stipulation or compromise to the division, and at the time of hearing, submit a current form WKC–13 indicating all worker’s compensation payments to date and the periods of time for which these payments were made. This subsection does not apply if the information has been submitted via electronic, magnetic or other reporting media under s. DWD 80.02 (3m).

HA 4.04 History History: 1-2-56; am., Register, April, 1975, No. 232, eff. 5-1-75; am. Register, September, 1982, No. 321, eff. 10-1-82; am. (1), Register, September, 1986, No. 369, eff. 10-1-86; CR 02-094: am. (1) Register November 2002 No. 563, eff. 12-1-02; renumbered from DWD 80.05 under s. 13.92 (4) (b) 1., correction under s. 13.92 (4) (b) 6., Stats., Register May 2018 No. 749; CR 18-059: am. (1), (2), cr. (3), (4), (5) Register July 2019 No. 763, eff. 8-1-19, correction in (1) made under s. 35.17., Stats., Register July 2019 No. 763.

HA 4.05 HA 4.05 Appearance by attorney or agent; license to appear.

HA 4.05(1) (1) Any party may appear before the division in person or by an attorney or agent.

HA 4.05(2) (2) The following rules shall govern the issuance, suspension, or revocation of licenses to appear before the division in compensation matters under the provisions of s. 102.17 (1) (c), Stats.:

HA 4.05(2)(a) (a) Permission to appear at a single hearing may be issued by the division through any examiner upon application evidencing qualifications provided by statute and the division’s rules. Such permission may be given to appear in 3 cases before the issuing of license. When appearance has been made in 3 cases, license shall be required, which shall be issued only upon execution and filing with the division of application upon form prescribed by the division.

HA 4.05(2)(b) (b) Before license shall be issued applicant shall have appeared in representation of a party before the division on at least 3 formal hearings.

HA 4.05(2)(c) (c) The following conditions shall operate as grounds for refusal, suspension, or revocation of license:

HA 4.05(2)(c)1. 1. Charging of excessive or unconscionable fees, misrepresentation of clients, dishonesty, fraud, sharp practice, neglect of duty, or other improper conduct in the representation of a party before the division, unless satisfactorily explained or excused by the division on the grounds of subsequent good conduct.