Wisconsin recently made a big change to its workers’ compensation cases. Hearings moved back to the Department of Workforce Development (DWD). This changes how the case is initially heard and many other procedural changes. Knowing how this impacts you case can make a difference, but it is most important to know you’re working with an attorney who was ready for the change so they can protect your rights.
The Wisconsin workers’ compensation lawyers at Pivot Work Injury Law are ready to help you. We help workers navigate the complexities of the workers’ comp system and seek the benefits they’re owed.
A Return to DWD for Workers’ Compensation Hearings
For many years now, workers’ comp hearings in Wisconsin were handled by administrative law judges. This occurred in the Division of Hearings and Appeals, which is a separate state agency from the DWD. This meant that two agencies handled workers’ compensation cases. DWD administered the claims, and then DHA adjudicated the disputes.
The state has now reversed course. Workers’ compensation hearings and appeals have been moved back under DWD’s Worker’s Compensation Division. This reunifies administration and adjudication in one agency, restoring the structure Wisconsin used for decades prior to the DHA era.
The change affects where hearings occur, who presides over them, and how appeals progress through the administrative system.
Why Wisconsin Shifted Hearings Back to DWD
The move was driven by several practical and structural considerations:
1. Streamlined Case Management
Keeping claims administration and adjudication under one roof:
- reduces duplication,
- improves communication, and
- shortens the time between filing, dispute, and resolution.
DWD already manages claim intake, benefit calculations, and compliance monitoring, so consolidating hearings eliminates the need to transfer files between agencies.
2. Consistency in Decision-Making
DWD ALJs specialize exclusively in workers’ compensation. Returning hearings to DWD ensures decisions are grounded in the same statutory interpretation, policy guidance, and procedural norms used throughout the agency.
3. Faster Scheduling and Reduced Backlogs
DWD’s hearing calendar is designed around workers’ compensation volume. With DHA no longer responsible for these cases, scheduling delays and cross-agency bottlenecks are expected to decrease.
4. Clearer Path for Appeals
With this new structure in place, parties can now appeal decisions directly to the Labor Industry Review Commission. This makes appeals simpler and more streamlined.
What This Means for Employers and Insurers
The return of hearings to DWD affects several aspects of workers’ compensation cases:
Updated Filing and Scheduling Procedures
All hearing requests, motions, and procedural filings now go directly to DWD. Employers and insurers should update internal templates, workflows, and contact lists to reflect the new routing.
Renewed Focus on DWD Rules and Guidance
Because DWD ALJs operate within the agency’s own procedural framework, parties should ensure compliance with DWD-specific expectations regarding evidence submission, medical records, expert reports, and pre-hearing conferences.
Potential for Faster Resolution
With fewer administrative handoffs, disputes may move more quickly from application to hearing. Employers and carriers should be prepared for tighter timelines and more efficient scheduling.
What Injured Workers Should Expect
For injured workers, the change is largely beneficial:
- A More Direct Process: Instead of navigating two agencies, workers now interact solely with DWD from claim filing through the hearing stage.
- Judges Who Focus Exclusively on Workers’ Compensation: DWD ALJs handle only workers’ comp matters, offering deep familiarity with medical issues, wage-loss disputes, vocational rehabilitation, and permanent disability evaluations.
- Clearer Appeal Rights: If a worker disagrees with an ALJ’s decision, the appeal goes to LIRC, an independent body with long-standing expertise in workers’ compensation review.
Get Help From a WI Workers’ Compensation Attorney Today
Moving workers’ comp hearings back to DWD can have a significant impact on the case. The right attorney is more than prepared for this shift, and takes it into account in how they handle your claim.
Worn down at work? Let the experienced Wisconsin workers’ compensation lawyers at Pivot Work Injury Law review your case. Contact us today for a free, no-risk evaluation.