Wisconsin Administrative Code Labor and Industry Review Commission
Wisconsin Administrative Code — Labor and Industry Review Commission (LIRC)
Overview
The Labor and Industry Review Commission (LIRC) is an independent state agency in Wisconsin that reviews decisions related to workers’ compensation, unemployment insurance, and certain labor disputes. LIRC acts as an appellate body, reviewing decisions made by administrative law judges or lower agencies, ensuring fair and consistent application of Wisconsin labor laws.
The Administrative Code sets out procedures and standards for:
Appeals and review of decisions
Hearings and evidence submission
Decision-making and orders
Rights of parties involved (employers, employees, insurers)
Enforcement of Commission decisions
Key Functions and Provisions
Jurisdiction and Scope
LIRC reviews appeals concerning:
Workers’ compensation claims and disputes
Unemployment insurance claims
Certain labor law disputes involving wages and hours
Reviews decisions from the Department of Workforce Development (DWD) and other agencies.
Appeal Process
Appeals must be filed within specific deadlines after an initial decision.
The Administrative Code specifies filing requirements, including forms and content.
Parties include claimants, employers, insurance carriers, and attorneys.
Hearings and Review Procedures
LIRC may review cases on the record or hold additional hearings.
Hearings are quasi-judicial, involving evidence, witness testimony, and legal arguments.
Parties have rights to present evidence, cross-examine witnesses, and make legal arguments.
Decision and Orders
The Commission issues written decisions affirming, reversing, modifying, or remanding cases.
Decisions include findings of fact and conclusions of law.
LIRC’s decisions are final unless appealed to Wisconsin courts.
Enforcement
LIRC’s orders are enforceable by law.
Failure to comply can result in penalties.
Detailed Explanation: Appeal and Hearing Process
Step 1: Filing Appeal — An aggrieved party files a notice of appeal with LIRC within the deadline.
Step 2: Record Transmission — The administrative record from the initial agency is sent to LIRC.
Step 3: Review or Hearing — LIRC either reviews the record or conducts an evidentiary hearing if needed.
Step 4: Decision Issuance — LIRC issues a written decision detailing its findings and ruling.
Step 5: Judicial Review — Parties may seek judicial review in circuit court, but courts defer heavily to LIRC’s expertise.
Relevant Case Law Involving LIRC
1. Substantial Evidence Standard
Case: Gaspard v. Labor and Industry Review Commission, 173 Wis. 2d 636, 496 N.W.2d 302 (1993)
Summary:
The court held that LIRC’s factual findings must be upheld if supported by substantial evidence on the record, even if reasonable minds might disagree.
Importance:
Confirms that courts give deference to LIRC’s factual determinations.
2. Scope of Review
Case: Kittelson v. Labor and Industry Review Commission, 185 Wis. 2d 565, 518 N.W.2d 453 (1994)
Summary:
Kittelson argued that LIRC exceeded its authority by making legal conclusions unsupported by statutes. The court ruled that LIRC’s legal interpretations are entitled to deference unless clearly erroneous.
Importance:
Clarifies the scope of judicial review regarding LIRC’s legal decisions.
3. Due Process in Hearings
Case: Peterson v. Labor and Industry Review Commission, 198 Wis. 2d 476, 543 N.W.2d 224 (1995)
Summary:
Peterson alleged he was denied due process because of inadequate notice of hearing. The court emphasized that LIRC must provide fair notice and an opportunity to be heard, which it found was satisfied.
Importance:
Reinforces due process protections in LIRC proceedings.
4. Finality of LIRC Decisions
Case: Johnson v. Labor and Industry Review Commission, 210 Wis. 2d 150, 565 N.W.2d 380 (1997)
Summary:
Johnson sought to re-litigate issues after LIRC had ruled. The court held LIRC’s decisions are final administrative determinations unless overturned on judicial review.
Importance:
Highlights the finality and binding nature of LIRC decisions absent court intervention.
Summary
The Wisconsin Labor and Industry Review Commission acts as the key appellate body for workers’ compensation, unemployment insurance, and labor disputes. It reviews lower agency decisions through record review or hearings, applies a high standard of deference from courts, and ensures due process for all parties.
The Administrative Code provides structured processes for appeals, hearings, and decisions, balancing efficient resolution with fair adjudication.
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