DWD and DOA Clarify Jurisdiction Over Worker’s Compensation Cases

The Wisconsin Departments of Administration (DOA) and Workforce Development (DWD) have reached an agreement on the handling of contested worker’s compensation hearings in Wisconsin. The worker’s compensation program provides an exclusive remedy for claims involving workplace injuries, ensuring that injured workers are compensated while also protecting employers from excessive litigation costs.

On November 9, the two agencies entered into a memorandum of understanding (MOU). Two days later, a DWD administrator sent a letter to the Worker’s Compensation Advisory Council and other key stakeholders explaining the MOU.

According to the MOU, the document “is intended… to clearly set forth the agencies’ respective jurisdiction of cases… recognizing that some functions of each agency occur contemporaneously as a case proceeds.” The memorandum also states that DOA will set up an integrated case management system, allowing the agencies to have real time access to all case files.

Typically, the Worker’s Compensation Division at DWD processes initial claims and generally administers the program, while administrative law judges at the DOA Division of Hearings and Appeals hear contested cases where the claimant and his or her employer do not agree to a settlement.

See below for additional coverage of the worker’s compensation program in Wisconsin: