Appealing a Workers' Compensation Decision

Can I Appeal A Negative Decision Of An Administrative Law Judge?

Either the injured worker or the insurance company may appeal the workers' compensation decision of an administrative law judge (ALJ).

The appeal is to the Labor & Industry Review Commission (LIRC), the members of which are appointed by the governor. It is a "paper appeal" in that no new testimony is taken. LIRC reviews the record that was developed at the hearing level. LIRC has the power to either uphold or overturn the ALJ. Although the ALJ has great discretion in determining which witnesses to believe or not to believe in making findings in a case, LIRC actually has the final say as far as the "official" opinion of the Workers' Compensation Division. Therefore, LIRC can overturn an ALJ, and LIRC's decision is the final decision of the Division.

Thereafter, the appeal levels are to the Circuit Court, Court of Appeals, and the Wisconsin Supreme Court.

From its office in Milwaukee, Wisconsin, the attorneys at Previant, Goldberg, Uelmen, Gratz, Miller & Brueggeman, S.C., provide legal representation in workers' compensation, personal injury, workplace injury, family law, and labor law to people throughout Southern Wisconsin and the Fox River Valley, including Milwaukee, Brookfield, Racine, Kenosha, Fond du Lac, Sheboygan, Appleton, Green Bay, Madison, Waukesha, Elkhorn, River Hills, Mequon, Shorewood, Glendale, Fox Point, Bayside, Thiensville, Grafton, Port Washington, West Bend, Germantown, Cedarburg, Stevens Point, Eau Claire, Janesville, Jefferson, Fort Atkinson, Watertown, Beaver Dam, Manitowoc, Oshkosh, West Allis, Cudahy, Franklin, South Milwaukee, Greenfield, Greendale, and surrounding communities in Waukesha County, Milwaukee County, Ozaukee County, Walworth County, Jefferson County, Washington County, Dane County, Brown County, Outagamie County, Vernon County, Sheboygan County, Grant County, Polk County, Racine County, Kenosha County, and Dodge County.