NOTE: The topical section numbers shown on the
clickable buttons below are from the 6th Edition of the Workers
Compensation Handbook. LIRC decisions reproduced at this
website which were issued prior to July, 2010, are annotated with the
topical section numbers from the 5th Edition of the Workers
Compensation Handbook. However, the searches sent by the
buttons on this page will also search in those older decisions using the
5th Edition topical section number corresponding to the topic, so that
any LIRC decisions annotated with a section number corresponding to that
topic should be returned.
This topical outline is reproduced with permission from the
Worker's Compensation Handbook, © State
Bar of Wisconsin PINNACLE. Limited permission is granted to LIRC solely
for use in referencing agency decisions; no other use of this material
is intended or authorized.
| § 2.1 - Employers |
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§ 2.2 - Generally |
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| § 2.3 - Withdrawing from Coverage |
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| § 2.4 - Insurance Requirements |
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| § 2.5 - Federal Preemption |
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| § 2.6 - Special Cases |
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§ 2.7 - Partnerships and Joint Ventures
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§ 2.8 - Professional Employer Organizations
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§ 2.9 - Dual Employment
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| § 2.10 - Employees |
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§ 2.11 - Employees; Generally |
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| § 2.12 - Test of Employment Relationship |
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| § 2.13 - Employs, Special Cases |
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§ 2.14 - Independent Contractors
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§ 2.15 - Truckers
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§ 2.16 - Employs of Contractors Under
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§ 2.17- Loaned Employs
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§ 2.18 - Volunteers
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§ 2.19 - Persons Lending Emergency Assistance
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§ 2.20 - Corporate Owner-Officers
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§ 2.21 - Partners and Sole Proprietors
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§ 2.22 - Members of Qualified Religious Sects
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| § 3.1 - Generally |
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§ 3.2 - Injury Defined |
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| § 3.3 - Accidental Injury |
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| § 3.4 - Occupational Disease |
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| § 3.5 - Jurisdiction Over Claim |
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| § 3.6 - Injury Sustained in the Course of Employment
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| § 3.7 - Liberal Construction |
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| § 3.8 - Presumption of Continuing Employment |
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| § 3.9 - Personal Comfort Doctrine |
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| § 3.10 - Act in Violation of Employer Directive |
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| § 3.11 - Private Errand |
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| § 3.12 - Momentary Deviation |
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| § 3.13 - Course of Employment; Horseplay |
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| § 3.14 - Fights |
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| § 3.15 - Intoxication |
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| § 3.16 - Employer premises |
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§ 3.17 - Going and Coming
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§ 3.18 - Spilled Over Danger
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§ 3.19 - Parking lot
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§ 3.20 - Recreational Functions Off premises
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§ 3.21 - Work At Home
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§ 3.22 - Recreational Functions on Premises
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| § 3.23 - Travel |
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§ 3.24 - Commuting
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§ 3.25 - Special or Overtime Trip
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§ 3.26 - Traveling Employee
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§ 3.27 - Carpooling
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| § 3.28 - Rescue |
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| § 3.29 - Collecting Pay |
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§ 3.30 - Returning to Premises After Separation
from
Employment
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§ 3.31 -
Employer-sponsored Activity to Improve
Physical
Well-Being (Wellness Program) |
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| § 3.32 - Injury Arising Out of Employment |
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| § 3.33 - Statutory language |
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| § 3.34 - Positional Risk Doctrine |
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| § 3.35 - Idiopathic Fall |
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| § 3.36 - Intentionally Self-Inflicted Injuries |
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| § 3.37 - Suicide |
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| § 3.38 - ''As Is'' Rule and Aggravation |
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| § 3.39 - Compensable re-injury |
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| § 3.40 - Intervening Cause |
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| § 3.41 - Aggravation by Malpractice |
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| § 3.42 - Non-traumatic Mental Injury |
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| § 3.43 - Causation in Occupational Disease Case |
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| § 3.44 - Apportionment of Liability |
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| § 3.45 - Hernia |
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| § 4.1 - Basis for Benefits |
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| § 4.2 - Average Weekly Wage |
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| § 4.3 - Generally |
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| § 4.4 - Full-Time Employment |
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§ 4.5 - Calculation of Weekly Wage
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§ 4.6 - Valuation of Non-Cash Wage
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| § 4.7 - Part-Time and Seasonal Employment |
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§ 4.8 - General Rule; Expansion to
Full--Time Wage
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§ 4.9 - Exceptions to General Rule
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§ 4.10 - Regularly Scheduled Class
of Part-Time Employs
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§ 4.11 - Restricted Availability
for
Employment
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§ 4.12 - Regularly Scheduled Class
with Restricted
Availability
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| § 4.13 - Presumption of Maximum Earnings |
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§ 4.14 - Persons Under Age Twenty-seven
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§ 4.15 - Volunteer Firefighters and Prisoners
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§ 6.1 - Generally
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6.2 - Temporary Disability |
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| § 6.3 - Generally |
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| § 6.4 - Wage Loss |
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| § 6.5 - Three-day Waiting Period |
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| § 6.6 - Healing Period |
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§ 6.7 - Mental Disability
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§ 6.8 - Healing Period Determined Retrospectively
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| § 6.9 - Temporary Total Disability Benefits |
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| § 6.10 - Returning to Work with Limitations |
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| § 6.11 - Renewed Period of Disability |
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| § 6.12 - Unemployment Compensation Overlap |
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| § 6.13 - Group Benefit Overlap |
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| § 6.14 - Permanent Disability |
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| § 6.15 - Generally |
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§ 6.16 - Mandatory Initiation of Permanent
Partial Disability Payments; Accrual |
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| § 6.17 - Advancements and Lump-Sum Settlements |
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| § 6.18 - Permanent Partial Disability |
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§ 6.19 - Schedule Injury
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§ 6.20 - Occupational Hearing Loss
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§ 6.21 - Non-Schedule Injury
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§ 6.22 - Proof Necessary
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§ 6.23 - Notice Required
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§ 6.24 - 85 percent rule
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§ 6.25 - Functional Impairment rating
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§ 6.26 - Five Percent Variance (or more) from Expert Opinion
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§ 6.27 - Actual Wage Loss Concept
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§ 6.28 - Pre-existing Disability and Loss of Earning Capacity
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§ 6.29 - Geographical Factor
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| § 6.30 - Permanent Total Disability |
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§ 6.31 - Schedule Injury
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§ 6.32 - Non-Schedule Injury - "odd-lot" doctrine
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§ 6.33 - Wagner-Butler Doctrine
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§ 6.34 - Computations
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§ 6.35 - Supplemental Benefits
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§ 6.36 - Social Security Disability Income Offset
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§ 6.37 - Disfigurement
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§ 6.38 - Second Injury Fund
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§ 6.39 - Nondisabling Condition
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| § 6.40 - Vocational Rehabilitation |
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| § 6.41 - Retraining Benefits Through DVR |
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§ 6.42 - Retraining Benefits Through a
Private
Rehabilitation Counselor |
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§ 6.43 - Offsets and Overpayments |
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§ 6.44 - Overpayment of Compensation |
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| § 6.45 - Offsets and Overpayments - Public Assistance |
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| § 7.1 - Who May Claim |
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| § 7.2 - Generally |
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| § 7.3 - Total Dependency |
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| § 7.4 - Partial Dependency |
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| § 7.5 - Parents |
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| § 7.6 - Computing Death Benefits |
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| § 7.7 - Limitations |
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§ 7.8 - Death as Result of Compensable Injury
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§ 7.9 - Death Not as Result of Compensable Injury
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| § 7.10 - Burial Expense |
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| § 7.11 - Children's Fund |
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| § 7.12 - Other Considerations |
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§ 7.13 - Employer's Liability to Work Injury
Supplemental Benefit Fund
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| § 7.14 - Insurer's Potential Excess Liability |
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| § 7.15 - Applicability of 'Dead Man's' Statute |
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| § 7.16 - Special Benefits for Safety Employees |
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§ 8.1 - 15% Increased Compensation
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| § 8.2 - Generally |
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| § 8.3 - 15% increased Compensation; Safety investigation |
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| § 8.4 - Prima Facie Case |
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§ 8.5 - Violation
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§ 8.6 - Notice
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§ 8.7 - Causation
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§ 8.8 - Burden of Proof
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| § 8.9 - Defenses |
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§ 8.10 - Employee Misconduct
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§ 8.11 - Safety Rule Unlawful
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§ 8.12 - Guard Not Available
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§ 8.13 - Injury Not Compensable
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§ 8.14 - Statute of Limitation
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| § 8.15 - Hearing Procedure |
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| § 8.16 - Compromise |
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| § 8.17 - 15% Decreased Compensation |
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| § 8.18 - Generally |
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| § 8.19 - Burden of Proof |
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| § 8.20 - Bad faith and Delay in Payment |
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| § 8.21 - Generally |
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| § 8.22 - Standard of Proof |
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| § 8.23 - Award of Penalty |
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| § 8.24 - Delay in Payment |
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§ 8.25 - Unreasonable Refusal to Rehire
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| § 8.26 - Generally |
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| § 8.27 - Jurisdiction |
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| § 8.28 - Prima Facie Claim |
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§ 8.29 - Claimant Must Be An Employee
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§ 8.30 - Injury Must Be Compensable
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§ 8.31 - Employer Must Have Refused to
Rehire Employee
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§ 8.32 - Refusal to Rehire Must Have Been
Without Reasonable
Cause
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§ 8.33 - Suitable Employment Must Have
Been Available
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| § 8.34 - Penalty |
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| § 8.35 - No Duty to Mitigate Damages |
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| § 8.36 - Use of Medical Reports |
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| § 8.37 - Effect of Prior Administrative Determinations |
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§ 8.38 - Worker's Compensation Proceedings
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§ 8.39 - Admissibility of Unemployment
Compensation Decisions
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| § 8.40 - Exclusive Remedy |
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| § 8.41 - Illegal Employment of Minors |
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| § 9.1 - Undisputed Claims |
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| § 9.2 - Report of Injury |
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| § 9.3 - Review of Medical Reports |
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| § 9.4 - Report of Fraud |
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| § 9.5 - Disputed Claims |
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| § 9.6 - Prehearing Procedure |
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§ 9.7 - Application for Hearing
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§ 9.8 - Insurer's Answer
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§ 9.9 - Dismissal of Application; Default
Order for non-response
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§ 9.10 - Prehearing Conference
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| § 9.11 - Examination of Claimant |
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§ 9.12 - Medical Examination
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§ 9.13 - Vocational Examination
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§ 9.14 - Requirement to Furnish Reports
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§ 9.15 - Tie-Breaker Examination
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§ 9.16 - Impleading Additional Parties
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| § 9.17 - Formal Hearing Procedure |
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§ 9.18 - Hearing Procedure; Location and Notice
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§ 9.19 - Right to Further Hearing
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§ 9.20 - Depositions and Out-of-State Hearings
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§ 9.21 - Use of Subpoena
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§ 9.22 - Hearing Protocol
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§ 9.23 - Burden of Proof
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§ 9.24 - Use of Certified Medical/Vocational Reports & Hospital &
Medical Records
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§ 9.25 - Abrogation of Physician-Patient privilege
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§ 9.26 - Use of Statement
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§ 9.27 - Use of Vocational Testimony
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§ 9.28 - Rules of Evidence
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§ 9.29 - Administrative Notice
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| § 9.30 - Posthearing Procedure |
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§ 9.31 - Additional Medical Examination
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§ 9.32 - Orders
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§ 9.33 - Interlocutory Orders
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§ 9.34 - Orders Amending Decision
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§ 9.35 - Tie-Breaker Decision
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| § 9.36 - Jurisdiction Following Final Order |
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| § 9.37 - Claims Against Third Parties |
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| § 9.38 - Exclusive Remedy |
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§ 9.39 - Exceptions to Coemployee Immunity
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§ 9.40 - Exceptions to Employer Immunity
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| § 9.41 - Employee's Right to Bring Action |
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| § 9.42 - Contractor Over |
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| § 9.43 - Temporary Help Employer |
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| § 9.44 - JOBS Participant |
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§ 9.45 - Medical Malpractice and Uninsured
Motorists
Recoveries Exempt |
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| § 9.46 - Penalty Payments Not Recoverable |
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| § 9.47 - Settlements |
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§ 9.48 - Attorney Fees
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§ 9.49 - Allocation of Settlement Proceeds
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§ 9.50 - Indemnification and Waiver
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| § 9.51 - Limitations |
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| § 9.52 - Statute of Limitations |
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| § 9.53 - Payment of Barred Disease Claims |
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| § 9.54 - Payment of Barred Claims for
Serious Trauma |
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| § 10.1 - Administrative Review |
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| § 10.2 - Petition for Review |
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| § 10.3 - Mistake or Newly Discovered Evidence |
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| § 10.4 - Judicial Appeal |
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| § 10.5 - Commencing Action in Circuit Court |
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§ 10.6 - Filing and Service
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§ 10.7 - Naming Defendants
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§ 10.8 - Venue
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§ 10.9 - Answer
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§ 10.10 - Appealable Orders
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§ 10.11 - Compensation During Appeal
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| § 10.12 - Scope of Circuit Court Review |
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§ 10.13 - Sufficiency of the Evidence
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§ 10.14 - Conclusions of Law
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| § 10.15 - Collateral Attack |
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| § 10.16 - Appeal to Court of Appeals |
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§ 10.17 - Filing and Service
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§ 10.18 - Venue
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§ 10.19 - Scope of Appellate Review
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| § 10.20 - Petition for Review to Wisconsin Supreme Court |
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