What To Expect At A Wisconsin Workers’ Compensation Hearing

As Milwaukee Worker’s Compensation attorneys, we know how stressful it can be for injured employees to prepare for a hearing. When a claim is disputed, the hearing before an Administrative Law Judge (ALJ) of the Wisconsin Department of Workforce Development (DWD) is often the turning point in the case. This hearing determines whether benefits such as medical treatment, wage loss, and disability compensation will be awarded under Wisconsin Statutes Chapter 102. For many injured workers, this process can feel overwhelming, but understanding what to expect makes a significant difference.

At a Wisconsin Worker’s Compensation hearing, the goal is to present evidence and testimony so the judge can decide the disputed issues. Employers and insurance companies often appear with attorneys, making it critical that injured workers have strong representation as well. The judge is not an advocate for either side but instead a neutral decision-maker. Because the outcome affects financial security and access to medical care, thorough preparation is essential.

The Role Of The Administrative Law Judge

The ALJ assigned by the DWD conducts the hearing under Wisconsin Statute § 102.17. The judge listens to evidence from both sides, reviews medical records, considers testimony from doctors, and evaluates the credibility of witnesses. The ALJ then issues a written decision that is binding unless appealed. This means the hearing is the worker’s opportunity to ensure that the evidence supporting the claim is fully presented.

Evidence Presented At The Hearing

Both sides present evidence at the hearing. This may include:

• Medical records and physician opinions
• Testimony from the injured worker regarding how the injury occurred and how it affects daily life
• Witnesses such as co-workers or supervisors
• Reports from independent medical examinations (IMEs) arranged by the insurance company

Under Wisconsin Statute § 102.13, medical reports and opinions carry significant weight, but the judge also considers credibility and consistency of the worker’s testimony. Ensuring that the record clearly shows the connection between the workplace accident and the injury is critical.

Issues Commonly Decided

The ALJ may rule on several key issues, including:

• Whether the injury arose out of and in the course of employment under Wisconsin Statute § 102.03
• The extent of temporary or permanent disability
• The amount of wage loss benefits due under Wisconsin Statute § 102.43
• Responsibility for medical expenses under Wisconsin Statute § 102.42
• Whether vocational rehabilitation benefits are appropriate

Each of these issues can determine the level of financial and medical support available to the worker moving forward.

Conduct Of The Hearing

Hearings are typically less formal than court trials but follow a structured process. Testimony is under oath, attorneys question witnesses, and evidence is entered into the record. The ALJ ensures the process is fair but does not assist either side in presenting the case. A court reporter records all testimony. After the hearing, the ALJ reviews the evidence and issues a decision, which may take weeks. Appeals from the ALJ’s decision go to the Wisconsin Labor and Industry Review Commission under Wisconsin Statute § 102.18.

Why Legal Representation Matters

Employers and insurers often contest claims aggressively, bringing attorneys and medical experts to hearings. Having representation ensures that the injured worker’s rights under Wisconsin Worker’s Compensation law are protected. A lawyer ensures that evidence is presented effectively, medical testimony is interpreted correctly, and the judge hears a compelling case for benefits. Without representation, workers risk being outmaneuvered in a process that has significant legal and financial consequences.

Frequently Asked Questions About Wisconsin Worker’s Compensation Hearings

What Happens If The Insurance Company Disputes The Claim?

If the insurance company disputes liability or the extent of the injury, the case proceeds to a hearing before an Administrative Law Judge. Both sides present evidence, and the judge decides whether benefits are owed under Wis. Stat. Chapter 102.

How Long Does It Take To Receive A Decision After The Hearing?

After the hearing, the judge issues a written decision. This can take several weeks, depending on the complexity of the case and the amount of evidence submitted. The decision is mailed to both parties and becomes binding unless appealed.

Can Medical Records Alone Prove A Claim?

Medical records are important evidence, but the judge also considers testimony from the injured worker, witnesses, and doctors. Under Wis. Stat. § 102.17, credibility is key, and the injured worker’s testimony about how the injury occurred can be critical.

What If The Judge Rules Against The Worker?

If the judge denies benefits, the decision can be appealed to the Labor and Industry Review Commission under Wis. Stat. § 102.18. Further appeals may be filed with the Wisconsin Circuit Court and Court of Appeals.

Is Testimony Required From The Injured Worker?

Yes. The injured worker typically testifies about how the accident occurred, the treatment received, and the impact on daily life and employment. Honest, consistent testimony can strengthen the case significantly.

Can Vocational Rehabilitation Be Decided At A Hearing?

Yes. If the injury prevents the worker from returning to the same job, the judge may order vocational rehabilitation benefits under Wis. Stat. § 102.61. This can include retraining for a new career.

Why Does The Insurance Company Request An Independent Medical Exam?

Insurers often request IMEs to challenge the treating physician’s opinion. The judge weighs both medical reports. Having an attorney ensures that weaknesses in the IME report are exposed and that the treating doctor’s testimony is emphasized.

Are Hearings Open To The Public?

No. Worker’s Compensation hearings are private and involve only the parties, their attorneys, witnesses, and the judge. This protects the confidentiality of medical and employment records.

What Role Does An Attorney Play In The Hearing?

An attorney gathers evidence, prepares witnesses, cross-examines the insurance company’s doctors and experts, and ensures the case is presented under the proper legal standards. Legal representation often makes the difference between success and denial.

Call Gillick, Wicht, Gillick & Graf Today

At Gillick, Wicht, Gillick & Graf, we fight to protect the rights of injured employees in Milwaukee and across Wisconsin. We prepare every case with precision, ensuring that workers have the strongest possible chance at securing benefits during a hearing.

Contact our Milwaukee worker’s compensation attorneys at Gillick, Wicht, Gillick & Graf by calling 414-257-2667 to receive a free consultation. Our office in Milwaukee proudly represents injured workers throughout the entire state of Wisconsin.