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SPENCER v. ILHR DEPARTMENT

No. 102.

55 Wis.2d 525 (1972)

200 N.W.2d 611

SPENCER, Respondent, v. DEPARTMENT OF INDUSTRY, LABOR & HUMAN RELATIONS and others, Appellants.

Supreme Court of Wisconsin.

Decided October 3, 1972.

Attorney(s) appearing for the Case

For the appellant Department of Industry, Labor & Human Relations the cause was argued by James P. Altman, assistant attorney general, with whom on the brief was Robert W. Warren, attorney general.

For the appellants Thomas L. Spencer and Employers Insurance of Wausau there was a brief by Klueter, Larson & MacKenzie of Wausau, and oral argument by E. E. Larson.

For the respondent there was a brief by Winter & Winter of Antigo, and oral argument by Richard T. Winter.

HANLEY, J.

Two issues are presented on this appeal:

(1) Does sec. 102.42 (2), Stats., require a claimant to give notice to his employer and his insurer before consulting a second physician from the panel of physicians named by the employer; and

(2) Did the circuit court exceed its review jurisdiction when it set aside the findings of the department and remanded the record for proceedings consistent with its directions for judgment?

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