Section 52.28. Appeals.

 

(1)  Except as provided in sub. (2) all determinations made by the department under this chapter, including, but not limited to the calculation of the applicant's monthly salary, are subject to appeal to the Wisconsin retirement board as provided in ch. ETF 11 . Both the applicant and the employer may request an appeal.

(2)  Determinations made by the department under this chapter as to an applicant's eligibility for duty disability benefits may be appealed to the department of workforce development under s. 40.65 (2) (b) 3 , Stats. The department is a necessary party.

(a) The employer may appeal a determination granting an application for duty disability benefits, including determinations based upon ss. 891.45 , 891.453 , and 891.455 , Stats.

(b) If an application is denied based upon receipt of a qualifying medical report and a medical report which was not a qualifying medical report, and the participant appeals the denial as provided in s. 40.65 (2) (b) 3. , Stats., then the administrative law judge determining eligibility may decide between the 2 conflicting medical reports to determine eligibility.

Cr. Register, September, 1998, No. 513 , eff. 10-1-98; CR 13-029 : am. (2) (a) Register November 2013 No. 695 , eff. 12-1-13.