wisconsin.gov home state agencies subject directory link link link
Wisconsin Labor and Industry Review Commission - Home Page
LIRC Home Page
About LIRC
What's new
UI Decisions
UI Decision Digest
WC Decisions
ER Decisions
ER Decision Digest
Research Links
Recent court decisions
LIRC's Administrative Rules
Statistics on LIRC case handling
Search the entire LIRC website
Site map
How to contact LIRC
Appeal to LIRC
How to appeal a LIRC UI decision to Cir. Court
Department of Workforce Development (DWD)
DWD Unemployment Insurance (UI) Division
DWD Workers Compensation (WC) Division
DWD Equal Rights (ER) Division
FILE UI CLAIM

 

 

 

 

General information about LIRC --

* A Brief History of LIRC
* LIRC's Program Responsibilities
* Overview of procedure in LIRC cases
* What's New at LIRC


A Brief History Of LIRC - -

In 1911, a 3-member commission, the State Industrial Commission, was created to administer Wisconsin's Workers Compensation Law. Later, the Industrial Commission was also given responsibility for administration of Wisconsin's Unemployment Compensation Act.

In 1967, the Industrial Commission was renamed the Department of Industry, Labor and Human Relations ("DILHR"). Administration of the Unemployment Compensation Act was handled by the Unemployment Compensation Division of DILHR, while the Workers Compensation Act was administered by DILHR's Workers Compensation Division. DILHR was also given responsibility for the Governor's Commission on Civil Rights, which became the DILHR Equal Rights Division ("ERD"). DILHR was headed by three commissioners, who decided appeals of decisions made by these three Divisions.

In 1977, DILHR became a cabinet-level agency headed by a Secretary who was appointed by the Governor. At that time, the Labor and Industry Review Commission ("LIRC") was created to hear appeals of decisions of the DILHR Unemployment Compensation, Workers Compensation and Equal Rights Divisions.

(In conjunction with a number of major shifts in program responsibilities, the name of the Department of Industry, Labor and Human Relations ("DILHR") was changed to the Department of Workforce Development ("DWD") in March, 1996.  In addition,  the name of the "Unemployment Compensation Division" was changed to the "Division of Unemployment Insurance " in 1997, and in 1998 all references to "Unemployment Compensation" in Chapter 108 were changed to "Unemployment Insurance".).

LIRC is composed of three members who are appointed by the Governor, subject to confirmation by the Senate, and who serve staggered 6-year terms.

LIRC is an independent agency of the State of Wisconsin.   It is not an organizational subdivision of DWD, and is "attached" to DWD for administrative purposes only.

[Back]         [LIRC Home]


LIRC's Program Responsibilities - -

LIRC's primary responsibilities are to decide appeals of decisions issued by Administrative Law Judges ("ALJs") in three Divisions of the Wisconsin Department of Workforce Development (DWD):

Unemployment Insurance -- The Division of Unemployment Insurance administers Wisconsin's "Unemployment Insurance and Reserves" Act.  More information on the  process by which ALJs hold hearings and issue decisions on UI benefit and tax issues is available from the UI Bureau of Legal Affairs (BOLA).   Questions and suggestions concerning legislative activity affecting the Unemployment Insurance program may also be directed to the Unemployment Insurance Advisory Council
 
Workers Compensation -- The Workers Compensation Division administers Wisconsin's Workers Compensation Act (Wis. Stats. Ch. 102). Questions and suggestions concerning legislative activity affecting the Workers Compensation Act may also be directed to the Workers Compensation Advisory Council ("WCAC").
 
Equal Rights -- The Equal Rights Division ("ERD") administers a number of laws concerning discrimination and employment-related issues. The laws administered by the ERD which LIRC is involved with include those prohibiting discrimination in Fair Employment and Public Accommodations.

In each of these areas, when decisions of ALJs are appealed, LIRC conducts a review of the evidence submitted at the hearing, considers any arguments submitted on behalf of the parties, consults with the ALJs where necessary, and then issues a written decision which may either affirm, reverse, or modify the decision of the ALJ, or direct further hearing or other proceedings.  The decisions of LIRC may be appealed to circuit court.

[Back]         [LIRC Home]


An Overview of Procedure in LIRC Cases --

Practice and procedure before LIRC is governed both by LIRC's general administrative rules, and by particular statutes and administrative rules which are applicable to the program area involved.

* LIRC's Administrative Rules

* Procedure in Unemployment Insurance cases

* Procedure in Worker's Compensation cases

* Procedure in Discrimination cases

 

Unemployment Insurance claims --

Either party to a case concerning Unemployment Insurance which was heard before an Administrative Law Judge ("ALJ") of the Division of Unemployment Insurance, may petition the commission for review of the ALJ's decision. (DILHR itself may also file a petition for review of an ALJ's decision by LIRC). A petition which is delivered or mailed must either be received by the department or commission within 21 days after the appeal tribunal decision was mailed to the party's last-known address, or (if mailed) it must be postmarked within that same 21-day period. Petitions may also be filed by facsimile transmission (FAX), or filed electronically through a web form available at the commission's website.  The commission will dismiss any petition that is not timely filed, unless the petitioner shows probable good cause that the reason for having failed to file the petition timely was beyond the control of the petitioner.

LIRC reviews the decision of the ALJ based only on the evidence which was submitted at the hearing before the ALJ. There is no hearing before LIRC. Based on its review, the commission may affirm, reverse, modify or set aside the decision of the ALJ, or it may order the taking of additional evidence, or it may remand the matter to the department for further proceedings.

Please note that this is merely intended as an overview. Procedure in unemployment insurance cases is governed by the provisions of the Unemployment Insurance and Reserves Act, Ch. 108, Wis. Stats., and the administrative rules of LIRC (Wis. Admin. Code Ch. LIRC 1, 2) and of the Department (Wis. Admin. Code Ch. DWD 100-150  ) .

 

Workers Compensation claims --

The procedures for LIRC review of decisions of Workers Compensation Division ALJs are similar to the procedures for review in Unemployment Insurance cases, but there are some important differences. While any party in interest may petition the commission for review of a decision awarding or denying compensation, a petition which is delivered or mailed must actually be received by the department or commission within 21 days after the department mailed a copy of the ALJs' findings and order to the party's last-known address; unlike the procedure for UI cases, it is not sufficient for the petition to merely be postmarked within that period. Petitions may also be filed by facsimile transmission (FAX), or filed electronically through a web form available at the commission's website. The commission will dismiss a petition which is not timely unless the petition shows probable good cause that the reason for failure to timely file was beyond the petitioner's control.

Based on its review of the record made before the ALJ, and without any separate hearing before it, LIRC will either affirm, reverse, set aside or modify the findings or order of the ALJ in whole or in part, or direct the taking of additional evidence.

Please note that this is merely intended as an overview. Procedure in workers compensation cases is governed by the provisions of the Workers Compensation Act, Ch. 102, Wis. Stats., and the administrative rules of LIRC (Wis. Admin. Code Ch. LIRC 1, 3) and of the Department (Wis. Admin. Code Ch. DWD 80).

 

Discrimination claims --

The procedures for LIRC review of decisions of Equal Rights Division ALJs are similar to the procedures for review in the other program areas (UC and WC), but there are some important differences. Any respondent or complainant who is dissatisfied with the findings and order of the Equal Rights ALJ may file a written petition with the department for review by the commission of the findings and order. That petition is to be filed with the Equal Rights Division, and it must be received by the ERD within 21 days from the date that a copy of the findings and order of the ALJ is mailed to the last-known address of the respondent. The postmark date of a mailed petition does not establish timely filing, as it can in UC cases. Petitions for LIRC review may also be filed with the ERD by facsimile transmission (FAX);  however, unlike UI and WC cases there is no  provision for electronic website-based filing of petitions for review in ER cases.  Furthermore, there is no provision in the Fair Employment Act which allows LIRC to accept a late petition based on a finding that there was "good cause" for the petitioner's late filing; if a petition is untimely, it must be dismissed unless the petitioner satisfies the commission that he or she was prejudiced by "exceptional delay" in receipt of the ALJ's decision from the Equal Rights Decision.

Based on its review of the record made before the ALJ, and without any separate hearing before it, the commission may either affirm, reverse or modify the findings or order in whole or in part, or set aside the findings and order and remand to the department for further proceedings.

Please note that this is merely intended as an overview. Procedure in equal rights cases is governed by the provisions of the Fair Employment Act, Ch. 111.31 et seq., Wis. Stats., (or other equal rights statutes involved) and the administrative rules of LIRC (Wis. Admin. Code Ch. LIRC 1, 4) and of the Department (Wis. Admin. Code Ch. DWD 218) .

 

 

Wisconsin Labor and Industry Review Commission (LIRC)LIRC Home Page

  Top of Page

 

 

  LIRC Home

Please direct questions or comments about this website to LIRC.