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Search Using Neal-Danas Worker's Compensation Handbook Topical Section Numbers --

LIRC Worker's Compensation Decisions posted at this website are annotated with relevant section numbers from the topical outline contained in the 6th Edition of the Worker's Compensation Handbook  by John D. Neal and Joseph Danas, Jr.   That outline is reproduced below.  The clickable buttons opposite each topical section number will send a search query using the Neal & Danas topical section number corresponding to that topic,  which will find any LIRC WC decisions at this website annotated with that number.
 
Follow these links to listings of the section numbers under each main topic:
Ch. 1 - INTRODUCTION TO WC PRACTICE
Ch. 2 - EMPLOYMENT RELATIONSHIP
Ch. 3 - INJURY
Ch. 4 - CALCULATING WAGE
Ch. 5 - MEDICAL TREATMENT FOR INJURY
Ch. 6 - DISABILITY BENEFITS
Ch.  7 - DEATH BENEFITS
Ch.  8 - PENALTIES
Ch.  9 - CLAIMS
Ch.10 - REVIEW AND APPEAL
Ch.11 - SETTLEMENTS

 

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.

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CHAPTER 1  -  INTRODUCTION TO WORKER'S COMPENSATION PRACTICE

§ 1.1 - Wisconsin's Worker's Compensation Act
 
§ 1.2 - Generally
§ 1.3 - Organization of the WC Division
§ 1.4 - Representation in Worker's Compensation Cases

§ 1.5 - Attorney Fees
§ 1.6 - Agents
§ 1.7 - Practice Suggestions

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CHAPTER 2  -  EMPLOYMENT RELATIONSHIP  

§ 2.1 - Employers

§ 2.2 - Generally
§ 2.3 - Withdrawing from Coverage
§ 2.4 - Insurance Requirements
§ 2.5 - Federal Preemption
§ 2.6 - Special Cases

§ 2.7 - Partnerships and Joint Ventures

§ 2.8 - Professional Employer Organizations

§ 2.9 - Dual Employment

§ 2.10 - Employees

 

§ 2.11 - Employees; Generally
§ 2.12 - Test of Employment Relationship
§ 2.13 - Employees, Special Cases

§ 2.14 - Independent Contractors

§ 2.15 - Truckers

§ 2.16 - Employees of Contractors Under

§ 2.17- Loaned Employs

§ 2.18 - Volunteers

§ 2.19 - Persons Lending Emergency Assistance

§ 2.20 - Corporate Owner-Officers

§ 2.21 - Partners and Sole Proprietors

§ 2.22 - Members of Qualified Religious Sects

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CHAPTER 3  -  INJURY

§ 3.1 - Generally

§ 3.2 - Injury Defined
§ 3.3 - Accidental Injury
§ 3.4 - Occupational Disease
§ 3.5 - Jurisdiction Over Claim
§ 3.6 - Injury Sustained in the Course of Employment
§ 3.7 - Liberal Construction
§ 3.8 - Presumption of Continuing Employment
§ 3.9 - Personal Comfort Doctrine
§ 3.10 - Act in Violation of Employer Directive
§ 3.11 - Private Errand
§ 3.12 - Momentary Deviation
§ 3.13 - Course of Employment; Horseplay
§ 3.14 - Fights
§ 3.15 - Intoxication
§ 3.16 - Employer premises

§ 3.17 - Going and Coming

§ 3.18 - Spilled Over Danger

§ 3.19 - Parking lot

§ 3.20 - Recreational Functions Off premises

§ 3.21 - Work At Home

§ 3.22 - Recreational Functions on Premises

§ 3.23 - Travel

§ 3.24 - Commuting

§ 3.25 - Special or Overtime Trip

§ 3.26 - Traveling Employee

§ 3.27 - Carpooling

§ 3.28 - Rescue
§ 3.29 - Collecting Pay
§ 3.30 - Returning to Premises After Separation
              from Employment
 
§ 3.31 - Employer-sponsored Activity to Improve
            Physical Well-Being (Wellness Program)
§ 3.32 - Injury Arising Out of Employment
§ 3.33 - Statutory language
§ 3.34 - Positional Risk Doctrine
§ 3.35 - Idiopathic Fall
§ 3.36 - Intentionally Self-Inflicted Injuries
§ 3.37 - Suicide
§ 3.38 - ''As Is'' Rule and Aggravation
§ 3.39 - Compensable re-injury
§ 3.40 - Intervening Cause
§ 3.41 - Aggravation by Malpractice
§ 3.42 - Non-traumatic Mental Injury
§ 3.43 - Causation in Occupational Disease Case
§ 3.44 - Apportionment of Liability
§ 3.45 - Hernia

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CHAPTER 4  -  CALCULATING WAGE

§ 4.1 - Basis for Benefits
§ 4.2 - Average Weekly Wage
§ 4.3 - Generally
§ 4.4 - Full-Time Employment

§ 4.5 - Calculation of Weekly Wage

§ 4.6 - Valuation of Non-Cash Wage

§ 4.7 - Part-Time and Seasonal Employment

§ 4.8 - General Rule; Expansion to
             Full--Time Wage

§ 4.9 - Exceptions to General Rule

§ 4.10 - Regularly Scheduled Class
             of Part-Time Employs

§ 4.11 - Restricted Availability
              for Employment

§ 4.12 - Regularly Scheduled Class
             with Restricted Availability

§ 4.13 - Presumption of Maximum Earnings

§ 4.14 - Persons Under Age Twenty-seven

§ 4.15 - Volunteer Firefighters and Prisoners

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CHAPTER 5  -  MEDICAL TREATMENT FOR INJURY

§ 5.1 - Medical Treatment for Injury
§ 5.2 - Special rules Relating to Prescription
            and Non-Prescription Drugs 

§ 5.3 - Disputes About Reasonableness of Fees
            and Necessity of Treatment
§ 5.4 - Choice of Treating Practitioner

§ 5.5 - Unreasonable Refusal to Submit to
            Treatment
 
§ 5.6 - Consequences of Unreasonable or
            Unnecessary Treatment

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CHAPTER 6  -  DISABILITY BENEFITS

§ 6.1 - Generally
§ 6.2 - Temporary Disability
§ 6.3 - Generally
§ 6.4 - Wage Loss
§ 6.5 - Three-day Waiting Period
§ 6.6 - Healing Period

§ 6.7 - Mental Disability

§ 6.8 - Healing Period Determined Retrospectively

§ 6.9 - Temporary Total Disability Benefits
§ 6.10 - Returning to Work with Limitations
§ 6.11 - Renewed Period of Disability
§ 6.12 - Unemployment Compensation Overlap
§ 6.13 - Group Benefit Overlap
§ 6.14 - Permanent Disability
§ 6.15 - Generally
§ 6.16 - Mandatory Initiation of Permanent Partial Disability Payments; Accrual
§ 6.17 - Advancements and Lump-Sum Settlements
§ 6.18 - Permanent Partial Disability

§ 6.19 - Schedule Injury

§ 6.20 - Occupational Hearing Loss

§ 6.21 - Non-Schedule Injury

§ 6.22 - Proof Necessary

§ 6.23 - Notice Required

§ 6.24 - 85 percent rule

§ 6.25 - Functional Impairment rating

§ 6.26 - Five Percent Variance (or more) from Expert Opinion

§ 6.27 - Actual Wage Loss Concept

§ 6.28 - Pre-existing Disability and Loss of Earning Capacity

§ 6.29 - Geographical Factor

§ 6.30 - Permanent Total Disability

§ 6.31 - Schedule Injury

§ 6.32 - Non-Schedule Injury - "odd-lot" doctrine

§ 6.33 - Wagner-Butler Doctrine

§ 6.34 - Computations

§ 6.35 - Supplemental Benefits

§ 6.36 - Social Security Disability Income Offset

§ 6.37 - Disfigurement

§ 6.38 - Second Injury Fund

§ 6.39 - Nondisabling Condition

§ 6.40 - Vocational Rehabilitation
§ 6.41 - Retraining Benefits Through DVR
§ 6.42 - Retraining Benefits Through a Private 
             Rehabilitation Counselor


§ 6.43 - Offsets and Overpayments

§ 6.44 - Overpayment of Compensation
§ 6.45 - Offsets and Overpayments - Public Assistance

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CHAPTER 7  -  DEATH BENEFITS

§ 7.1 - Who May Claim
§ 7.2 - Generally
§ 7.3 - Total Dependency
§ 7.4 - Partial Dependency
§ 7.5 - Parents
§ 7.6 - Computing Death Benefits
§ 7.7 - Limitations

§ 7.8 - Death as Result of Compensable Injury

§ 7.9 - Death Not as Result of Compensable Injury

§ 7.10 - Burial Expense
§ 7.11 - Children's Fund
§ 7.12 - Other Considerations

§ 7.13 - Employer's Liability to Work Injury 
             Supplemental Benefit Fund
§ 7.14 - Insurer's Potential Excess Liability
§ 7.15 - Applicability of 'Dead Man's' Statute
§ 7.16 - Special Benefits for Safety Employees

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CHAPTER 8  -  PENALTIES

§ 8.1 - 15% Increased Compensation
 
§ 8.2 - Generally
§ 8.3 - 15% increased Compensation; Safety investigation
§ 8.4 - Prima Facie Case

§ 8.5 - Violation

§ 8.6 - Notice

§ 8.7 - Causation

§ 8.8 - Burden of Proof

§ 8.9 - Defenses

§ 8.10 - Employee Misconduct

§ 8.11 - Safety Rule Unlawful

§ 8.12 - Guard Not Available

§ 8.13 - Injury Not Compensable

§ 8.14 - Statute of Limitation

§ 8.15 - Hearing Procedure
§ 8.16 - Compromise
§ 8.17 - 15% Decreased Compensation
§ 8.18 - Generally
§ 8.19 - Burden of Proof
§ 8.20 - Bad faith and Delay in Payment
§ 8.21 - Generally
§ 8.22 - Standard of Proof
§ 8.23 - Award of Penalty
§ 8.24 - Delay in Payment
§ 8.25 - Unreasonable Refusal to Rehire
§ 8.26 - Generally
§ 8.27 - Jurisdiction
§ 8.28 - Prima Facie Claim

§ 8.29 - Claimant Must Be An Employee

§ 8.30 - Injury Must Be Compensable

§ 8.31 - Employer Must Have Refused to 
              Rehire Employee

§ 8.32 - Refusal to Rehire Must Have Been
            Without Reasonable Cause

§ 8.33 - Suitable Employment Must Have 
             Been Available

§ 8.34 - Penalty
§ 8.35 - No Duty to Mitigate Damages
§ 8.36 - Use of Medical Reports
§ 8.37 - Effect of Prior Administrative Determinations

§ 8.38 - Worker's Compensation Proceedings

§ 8.39 - Admissibility of Unemployment
              Compensation Decisions

§ 8.40 - Exclusive Remedy
§ 8.41 - Illegal Employment of Minors

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CHAPTER 9  -  CLAIMS

§ 9.1 - Undisputed Claims
§ 9.2 - Report of Injury
§ 9.3 - Review of Medical Reports
§ 9.4 - Report of Fraud
§ 9.5 - Disputed Claims
§ 9.6 - Prehearing Procedure

§ 9.7 - Application for Hearing

§ 9.8 - Insurer's Answer

§ 9.9 - Dismissal of Application; Default
            Order for non-response

§ 9.10 - Prehearing Conference

§ 9.11 - Examination of Claimant

§ 9.12 - Medical Examination

§ 9.13 - Vocational Examination

§ 9.14 - Requirement to Furnish Reports

§ 9.15 - Tie-Breaker Examination

§ 9.16 - Impleading Additional Parties

§ 9.17 - Formal Hearing Procedure

§ 9.18 - Hearing Procedure; Location and Notice

§ 9.19 - Right to Further Hearing

§ 9.20 - Depositions and Out-of-State Hearings

§ 9.21 - Use of Subpoena

§ 9.22 - Hearing Protocol

§ 9.23 - Burden of Proof

§ 9.24 - Use of Certified Medical/Vocational Reports & Hospital  & Medical Records

§ 9.25 - Abrogation of Physician-Patient privilege

§ 9.26 - Use of Statement

§ 9.27 - Use of Vocational Testimony

§ 9.28 - Rules of Evidence

§ 9.29 - Administrative Notice

§ 9.30 - Posthearing Procedure

§ 9.31 - Additional Medical Examination

§ 9.32 - Orders

§ 9.33 - Interlocutory Orders

§ 9.34 - Orders Amending Decision

§ 9.35 - Tie-Breaker Decision

§ 9.36 - Jurisdiction Following Final Order
§ 9.37 - Claims Against Third Parties
§ 9.38 - Exclusive Remedy

§ 9.39 - Exceptions to Coemployee Immunity

§ 9.40 - Exceptions to Employer Immunity

§ 9.41 - Employee's Right to Bring Action
§ 9.42 - Contractor Over
§ 9.43 - Temporary Help Employer
§ 9.44 - JOBS Participant
§ 9.45 - Medical Malpractice and Uninsured 
             Motorists Recoveries Exempt
§ 9.46 - Penalty Payments Not Recoverable
§ 9.47 - Settlements

§ 9.48 - Attorney Fees

§ 9.49 - Allocation of Settlement Proceeds

§ 9.50 - Indemnification and Waiver

§ 9.51 - Limitations
§ 9.52 - Statute of Limitations
§ 9.53 - Payment of Barred Disease Claims
§ 9.54 - Payment of Barred Claims for Serious Trauma

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CHAPTER 10  -  REVIEW AND APPEAL

§ 10.1 - Administrative Review
§ 10.2 - Petition for Review
§ 10.3 - Mistake or Newly Discovered Evidence
§ 10.4 - Judicial Appeal
§ 10.5 - Commencing Action in Circuit Court

§ 10.6 - Filing and Service

§ 10.7 - Naming Defendants

§ 10.8 - Venue

§ 10.9 - Answer

§ 10.10 - Appealable Orders

§ 10.11 - Compensation During Appeal

§ 10.12 - Scope of Circuit Court Review

§ 10.13 - Sufficiency of the Evidence

§ 10.14 - Conclusions of Law

§ 10.15 - Collateral Attack
§ 10.16 - Appeal to Court of Appeals

§ 10.17 - Filing and Service

§ 10.18 - Venue

§ 10.19 - Scope of Appellate Review

§ 10.20 - Petition for Review to Wisconsin Supreme Court

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CHAPTER 11  -  SETTLEMENTS

§ 11.1 - Stipulation or Compromise ?
§ 11.2 - Stipulation
§ 11.3 - Compromise

§ 11.4 - Limited Compromise

§ 11.5 - Review of Compromise

§ 11.6 - Payment of Settlement

§ 11.7 - Lump Sum Settlement

§ 11.8 - Structured Settlement

§ 11.9 - Rights of Nonindustrial Insurers

§ 11.10 - Medicare Considerations in Worker's
               Compensation Settlements

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