Spencer v. Department of Industry, Labor & Human Relations

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?

Question of notice.

The notice requirements of sec. 102.42 (2), Stats., are a matter of first impression in this court; and, therefore, the provisions of both subsections (1) and…