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Wisconsin Workers' Compensation Legal Library


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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. Hunter v. DILHR, 64 Wis. 2d 97 , 218 N.W.2d 314 (1974).



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