Wis. Admin. Code Department of Employee Trust Funds ETF 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 division of hearings and appeals in the
department of administration 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.
Notes
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