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Wis. Stat. § 102.18

Findings, orders and awards

Known as the Worker’s Compensation Act

The act spans §§ 102–102 (84 sections).

Applied in 23 court decisions — leading case Brown v. Labor & Industry Review Commission (2003)

Most recently applied in Francis G. Graef v. Continental Indemnity Company (May 2021)

1971 c. 148; 1973 c. 150; 1975 c. 147; 1977 c. 29, 195; 1979 c. 89, 278, 355; 1981 c. 92; 1983 a. 98; 1985 a. 83; 1987 a. 179; 1989 a. 64; 1997 a. 38; 1999 a. 14; 2001 a. 37; 20…

How often courts cite this section

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citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(1)

(a) All parties shall be afforded opportunity for full, fair, public hearing after reasonable notice, but disposition of application may be made by compromise, stipulation, agreement, or default without hearing. When the department issues an order under sub.

(2) approving a compromise agreement, the department shall include in the order a dismissal of the pending application for hearing in the claim subject to compromise and shall close the case.

(b) 1. Within 90 days after the final hearing and close of the record, the department shall make and file its findings upon the ultimate facts involved in the controversy, and its order, which shall state the department’s determination as to the rights of the parties. Pending the final determination of any controversy before it, the department, after any hearing, may, in its discretion, make interlocutory findings, orders, and awards, which may be enforced in the same manner as final awards. 1d. If an application has been filed under s. 102.17 (1)

(a) 1. for a claim for compensation, after the department issues an order on the merits of the case of the claim under subd. 1., or an order under sub. (2), if there is no pending action for review by a court, the department shall conduct further administrative activities, including closing the case of the claim. 1h. The department has exclusive authority to close a case of a claim for compensation. 1p. If the department determines it is necessary, the department shall notify the parties when it closes a case of a claim for compensation. 2. The department may include in any interlocutory or final award or order an order directing the employer or insurer to pay for any future treatment that may be necessary to cure and relieve the employee from the effects of the injury or to pay for a future course of instruction or other rehabilitation training services provided under a rehabilitation training program developed under s. 102.61 (1) or (1m). 3. If the department finds that the employer or insurer has not paid any amount that the employer or insurer was directed to pay in any interlocutory order or award and that the nonpayment was not in good faith, the department may include in its final award a penalty not exceeding 25 percent of each amount that was not paid as directed. 4. When there is a finding that the employee is in fact suffering from an occupational disease caused by the employment of the employer against whom the application is filed, a final award dismissing the application upon the ground that the applicant has suffered no disability from the disease shall not bar any claim the employee may have for disability sustained after the date of the award.

(bg) 1. If the department finds under par.

(b) that an insurer or self-insured employer is liable under this chapter for any health services provided to an injured employee by a health service provider, but that the reasonableness of the fee charged by the health service provider is in dispute, the department may include in its order under par.

(b) a determination made by the department under s. 102.16 (2) as to the reasonableness of the fee or, if such a determination has not yet been made, the department may notify, or direct the insurer or self-insured employer to notify, the health service provider under s. 102.16 (2)

(b) that the reasonableness of the fee is in dispute.

Official source: Wisconsin State Legislature. Reproduced from public-domain Wisconsin statutes; confirm against the official source for the current text. Not legal advice.