108.09 Settlement of benefit claims.

716 words·~3 min read·/wi/chapter-108/108-09-2

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)Filing. Claims for benefits shall be filed pursuant to department rules. Each employer that is notified of a benefit claim shall promptly inform the department in writing as to any eligibility question in objection to such claim together with the reasons for the objection. The department may also obtain information from the employee concerning the employee’s eligibility, employment or wages.

(2)Computation and determination.

(a)The department shall promptly issue a computation setting forth the employee’s potential benefit rights based on reports filed by an employer or employers under s. 108.205 , or on the employee’s statement and any other information then available. The results of the computation, a recomputation, or pertinent portion of either, shall be delivered electronically to, or mailed to the last-known address of, each party. The department may recompute an employee’s potential benefit rights at any time on the basis of subsequent information or to correct a mistake, including an error of law, except that a party’s failure to make specific written objection, received by the department within 14 days after the electronic delivery or mailing, as to a computation or recomputation is a waiver by such party of any objection thereto. Any objections to a computation that are not satisfactorily resolved by recomputation shall be resolved by a determination under par.

(b).

(b)The department shall issue determinations whenever necessary to resolve any matters that may bar, suspend, terminate or otherwise affect the employee’s eligibility for benefits or to resolve any liability for penalties under s. 108.04

(bh).

(bm)In determining whether an individual meets the conditions specified in s. 108.02

(bm)2. b. or c. or

(c)1. , the department shall not consider documents granting operating authority or licenses, or any state or federal laws or federal regulations granting such authority or licenses.

(c)Unless a party has filed a timely request for hearing as to the determination, the department may set aside or amend a determination within 2 years of the date of the determination on the basis of subsequent information or to correct a mistake, including an error of law. Unless a party has filed a timely request for hearing as to the determination, the department may set aside or amend a determination at any time if the department finds that:

1. Fraud or concealment occurred; or

2. The benefits paid or payable to a claimant have been affected by wages earned by the claimant which have not been paid, and the department is provided with notice from the appropriate state or federal court or agency that a wage claim for those wages will not be paid in whole or in part.

(d)A copy of each determination shall be delivered electronically to, or mailed to the last-known address of, each party, except that a party’s copy of any determination may be given to such party instead of being electronically delivered or mailed.

(2r)Hearing request. Any party to a determination may request a hearing as to any matter in that determination if the request is made in accordance with the procedure prescribed by the department and is received by an appeal tribunal or postmarked within 14 days after a copy of the determination was delivered electronically, mailed, or given to the party, whichever first occurs.

(3)Appeal tribunals.

1. To hear and decide disputed claims or to resolve liabilities under sub.

(b), the department shall establish appeal tribunals. Except as authorized in this paragraph, each tribunal shall consist of an individual who is a permanent employee of the department.

2. The department may appoint an individual who is not a permanent employee of the department to serve as a temporary reserve appeal tribunal. An individual who is appointed to serve as a temporary reserve appeal tribunal shall be an attorney who is licensed to practice in this state.

3. Upon request of a party to an appeal or upon its own motion, the department may appoint an individual who is not a permanent employee of the department to hear an appeal in which the department or an employee or former employee of the department is an interested party. No individual may hear any appeal in which the individual is a directly interested party.