Holley v. Department of Industry, Labor & Human Relations

The primary issue presented on this appeal is whether under sec. 102.23 (1), Stats., the failure of the employer and the insurer to make the State of Wisconsin an adverse party defendant within thirty days of the department award provided by sec. 102.49 (5) (b) deprived the circuit court of jurisdiction to review the award.

Sec. 102.23, Stats., provides in part as follows:

“(1) The findings of fact made by the commission acting within its powers shall, in the absence of fraud, be conclusive; and the order or award, either interlocutory or final, whether judgment has been rendered thereon or…