102.64 Attorney general shall represent state and commission.
(1) Upon request of the department of administration, a representative of the department of justice shall represent the state in cases involving payment into or out of the state treasury under s. 20.865 (1) (fm), (kr), or (ur) or 102.29. The department of justice, after giving notice to the department of administration, may compromise the amount of those payments but such compromises shall be subject to review by the department or the division. If the spouse or domestic partner under ch. 770 of the deceased employee compromises his or her claim for a primary death benefit, the claim of the children of the employee under s. 102.49 shall be compromised on the same proportional basis, subject to approval by the department or the division. If the persons entitled to compensation on the basis of total dependency under s. 102.51 (1) compromise their claim, payments under s. 102.49 (5) (a) shall be compromised on the same proportional basis.
(2) Upon request of the department of administration, the attorney general shall appear on behalf of the state in proceedings upon claims for compensation against the state. Except as provided in s. 102.65 (3), the department of justice shall represent the interests of the state in proceedings under s. 102.44 (1), 102.49, 102.59, 102.60, or 102.66. The department of justice may compromise claims in those proceedings, but the compromises are subject to review by the department or the division. Costs incurred by the department of justice in prosecuting or defending any claim for payment into or out of the work injury supplemental benefit fund under s. 102.65, including expert witness and witness fees but not including attorney fees or attorney travel expenses for services performed under this subsection, shall be paid from the work injury supplemental benefit fund.
(3) In any action to review an order or award of the commission, and upon any appeal therein to the court of appeals, the attorney general shall appear on behalf of the commission, whether any other party defendant shall be represented or not, except that in actions brought by the state the governor shall appoint an attorney to appear on behalf of the commission.
History: 1975 c. 147; 1977 c. 187 s. 134; 1977 c. 195; 1979 c. 110 s. 60 (11); 1981 c. 20; 1983 a. 98; 1995 a. 27 ss. 3745g, 9130 (4); 1997 a. 3; 2007 a. 185; 2009 a. 28; 2011 a. 183; 2015 a. 55.
Sub. (3) does not result in providing public counsel for a private party litigant, because nowhere does the statute make the attorney general the claimant's attorney, but expressly states that the attorney general shall appear on behalf of the Department of Industry, Labor and Human Relations. Hunter v. DILHR, 64 Wis. 2d 97, 218 N.W.2d 314 (1974).
Structure Wisconsin Statutes & Annotations
Wisconsin Statutes & Annotations
Chapter 102 - Worker's compensation.
102.03 - Conditions of liability.
102.04 - Definition of employer.
102.05 - Election by employer, withdrawal.
102.06 - Joint liability of employer and contractor.
102.075 - Election by sole proprietor, partner or member.
102.076 - Election by corporate officer.
102.077 - Election by school district or private school.
102.078 - Election by real estate firm.
102.08 - Administration for state employees.
102.11 - Earnings, method of computation.
102.12 - Notice of injury, exception, laches.
102.123 - Statement of employee.
102.125 - Fraud reporting, investigation, and prosecution.
102.13 - Examination; competent witnesses; exclusion of evidence; autopsy.
102.14 - Jurisdiction of department and division; advisory committee.
102.16 - Submission of disputes, contributions by employees.
102.17 - Procedure; notice of hearing; witnesses, contempt; testimony, medical examination.
102.175 - Apportionment of liability.
102.18 - Findings, orders and awards.
102.19 - Alien dependents; payments through consular officers.
102.195 - Employees confined in institutions; payment of benefits.
102.21 - Payment of awards by local governmental units.
102.22 - Penalty for delayed payments; interest.
102.25 - Appeal from judgment on award.
102.27 - Claims and awards protected; exceptions.
102.28 - Preference of claims; worker's compensation insurance.
102.29 - Third party liability.
102.30 - Other insurance not affected; liability of insured employer.
102.31 - Worker's compensation insurance; policy regulations.
102.315 - Worker's compensation insurance; employee leasing companies.
102.32 - Continuing liability; guarantee settlement, gross payment.
102.33 - Forms and records; public access.
102.38 - Records and reports of payments.
102.40 - Reports not evidence in actions.
102.42 - Incidental compensation.
102.425 - Prescription and nonprescription drug treatment.
102.43 - Weekly compensation schedule.
102.45 - Benefits payable to minors; how paid.
102.47 - Death benefit, continued.
102.48 - Death benefit, continued.
102.49 - Additional death benefit for children, state fund.
102.52 - Permanent partial disability schedule.
102.53 - Multiple injury variations.
102.54 - Injury to dominant hand.
102.55 - Application of schedules.
102.555 - Occupational deafness; definitions.
102.565 - Toxic or hazardous exposure; medical examination; conditions of liability.
102.57 - Violations of safety provisions, penalty.
102.58 - Decreased compensation.
102.59 - Preexisting disability, indemnity.
102.60 - Minor illegally employed.
102.61 - Indemnity under rehabilitation law.
102.62 - Primary and secondary liability; unchangeable.
102.64 - Attorney general shall represent state and commission.
102.65 - Work injury supplemental benefit fund.
102.66 - Payment of certain barred claims.
102.75 - Administrative expenses.
102.80 - Uninsured employers fund.
102.81 - Compensation for injured employee of uninsured employer.
102.82 - Uninsured employer payments.
102.83 - Collection of uninsured employer payments.
102.835 - Levy for delinquent payments.
102.84 - Preference of required payments.
102.85 - Uninsured employers; penalties.