reglab/statecodes huggingface dataset:
Wisconsin Administrative Code › Department of Workforce Development › DWD 80-81 - Worker's Compensation › Chapter DWD 80 - Worker's Compensation › Section DWD 80.62 - Uninsured employers fund

Current through June 24, 2024
(1) PURPOSE. The
				purpose of this section is to clarify the department's procedures for handling
				claims for compensation to injured workers under s.
				102.81(1),
				Stats. This section also defines the financial standards and actuarial
				principles which the department will use to monitor the adequacy of the cash
				balance in the fund to pay both known claims and claims incurred but not
				reported under s.
				102.81(1),
				Stats.
(2) DEFINITIONS. In this
				section:
(a) "Agent" means a third-party
				administrator or other person selected by the department to assist in the
				administration of the uninsured employers fund program.
(b) "Case reserve" means the best estimate
				documented in the claim-loss file of all liability to pay compensation on a
				claim under s.
				102.81(1),
				Stats.
(c) "Claim" means an injury
				suffered by an employee of an uninsured employer for which the uninsured
				employer is liable under s.
				102.03,
				Stats., and which is reported to the department on a form approved by the
				department for reporting work-related injuries.
(d) "Fund" means the uninsured employers fund
				in s.
				102.80,
				Stats.
(e) "Incurred but not
				reported reserve" or "IBNR reserve" means the best actuarial estimate of
				liability to pay compensation under s.
				102.81(1),
				Stats., for injuries which occurred on or prior to the current accounting date,
				for which there is no claim yet reported to the department.
(f) "Insolvent" means inadequate to fund all
				claims under s.
				102.81(1),
				Stats.
(g) "Solvent" means adequate
				to pay all claims under s.
				102.81(1),
				Stats.
(h) "Ultimate reserve" means
				the best actuarial estimate of aggregate case reserves from all claims, the
				expected future development of claims that have been reported, and IBNR
				reserve.
(i) "Uninsured employer"
				means an employer who is subject to ch. 102, Stats., under s.
				102.04(1),
				Stats., and who has not complied with the duty to insure or to obtain an
				exemption from the duty to insure under s.
				102.28(2)
				or (3), Stats.
Wisconsin Administrative Code › Department of Workforce Development › DWD 80-81 - Worker's Compensation › Chapter DWD 80 - Worker's Compensation › Section DWD 80.65 - Notice of cancellation, termination, or nonrenewal

Current through June 24, 2024
Notice of cancellation, termination, or nonrenewal of a
				  policy under ss.102.31(2)
				  (a) and
				  102.315(10),
				  Stats., shall be given in writing to the Wisconsin compensation rating bureau,
				  as defined in s.
				  626.02(1),
				  Stats., rather than the department. Whenever the Wisconsin compensation rating
				  bureau receives notice of cancellation, termination, or nonrenewal pursuant to
				  this section, it shall immediately notify the department of cancellation,
				  termination, or nonrenewal.
Note:
Notice of cancellation, termination, or
				  nonrenewal given to the Wisconsin Compensation Rating Bureau can be submitted
				  in electronic formats through facsimile machine transmission, electronic mail,
				  certified mail or by personal service. This note may be updated without
				  rulemaking at any time the means of notification are changed.
A person may contact the Wisconsin Compensation Rating Bureau
				  by telephone at (262) 796-4540, by visiting the website at:
				  http://www.wcrb.org, or by writing to the following address: Wisconsin
				  Compensation Rating Bureau
P.O. Box 3080
Milwaukee, WI 53201-3080
Wisconsin Administrative Code › Department of Workforce Development › DWD 80-81 - Worker's Compensation › Chapter DWD 80 - Worker's Compensation › Section DWD 80.67 - Insurer name change

Current through June 24, 2024
A worker's compensation insurer shall notify the department
				  and the Wisconsin compensation rating bureau in writing 30 days before the
				  effective date of a change in its name. The insurer shall comply with the name
				  change requirements in its state of domicile and in the state of Wisconsin. On
				  or before the effective date of an approved name change, the insurer shall
				  notify each of its employers insured under ch. 102, Stats., that the insurer's
				  name is changed. Insurers shall notify employers by an endorsement to the
				  employer's existing policy that states the insurer's new name. The insurer
				  shall file a copy of the endorsement with the Wisconsin compensation rating
				  bureau by personal service, facsimile, or certified mail at the same time that
				  it provides notice to its employers insured under ch. 102,
				  Stats.
The State of Wisconsin Office of the Commissioner of
					 Insurance requires an advance notice of an insurer name change or
					 reorganization. For further information, contact OCI at (608) 266-3585 or (800)
					 236-8517.
Wisconsin Administrative Code › Department of Workforce Development › DWD 80-81 - Worker's Compensation › Chapter DWD 80 - Worker's Compensation › Section DWD 80.68 - Payment of benefits under s. 102.59, Stats

Current through June 24, 2024
(1) Payment of
				benefits under s.
				102.59,
				Stats., shall initially be made to the individual entitled to the benefits at
				such time as payments of primary compensation by the employer cease to be made
				or would have been made had there been no payment under s.
				102.32(6m),
				Stats., unless the preexisting disability and the disability for which primary
				compensation is being paid combine to result in permanent total
				disability.
(2) Payments received
				by an employee or dependent from an account in a financial institution or from
				an annuity policy where such account or annuity policy are established through
				settlement of the claim for primary compensation, shall be considered payments
				by the employer or insurance carrier.
(3) Payments under s.
				102.59,
				Stats., shall be on a periodic basis but subject to s.
				102.32(6m)
				and (7), Stats.
This rule is adopted to insure the solvency of the work
					 injury supplemental benefit and to insure the protection of dependents as of
					 the date of death of the employee with the preexisting disability.
Wisconsin Administrative Code › Department of Workforce Development › DWD 80-81 - Worker's Compensation › Chapter DWD 80 - Worker's Compensation › Section DWD 80.70 - Malice or bad faith

Current through June 24, 2024
(1) An employer who unreasonably refuses or
				unreasonably fails to report an alleged injury to its insurance company
				providing worker's compensation coverage, shall be deemed to have acted with
				malice or bad faith.
(2) An
				insurance company or self-insured employer who, without credible evidence which
				demonstrates that the claim for the payments is fairly debatable, unreasonably
				fails to make payment of compensation or reasonable and necessary medical
				expenses, or after having commenced those payments, unreasonably suspends or
				terminates them, shall be deemed to have acted with malice or in bad
				faith.
Wisconsin Administrative Code › Department of Workforce Development › DWD 80-81 - Worker's Compensation › Chapter DWD 80 - Worker's Compensation › Section DWD 80.73 - Health service necessity of treatment dispute resolution process

Current through June 24, 2024
(1) PURPOSE.
				The purpose of this section is to establish the procedures and requirements for
				resolving a dispute under s.
				102.16(2m),
				Stats., between a health service provider and an insurer or self-insurer over
				the necessity of treatment rendered by a provider to an injured
				worker.
(2) DEFINITIONS. In this
				section:
(a) "Dispute" means a disagreement
				between a provider and an insurer or self-insurer over the necessity of
				treatment rendered to an injured worker where the insurer or self-insurer
				refuses to pay part or all of the provider's bill.
(b) "Expert" means a person licensed to
				practice in the same health care profession as the individual health service
				provider whose treatment is under review, and who provides an opinion on the
				necessity of treatment rendered to an injured worker for an impartial health
				care services review organization or as a member of an independent panel
				established by the department.
(c)
				"Licensed to practice in the same health care profession" means licensed to
				practice as a physician, psychologist, chiropractor, podiatrist or
				dentist.
(d) "Provider" includes a
				hospital, physician, psychologist, chiropractor, podiatrist, physician's
				assistant, advanced practice nurse prescriber, or dentist, or another licensed
				medical practitioner who provides treatment ordered by a physician,
				psychologist, chiropractor, podiatrist, physician's assistant, advanced
				practice nurse prescriber, or dentist whose order of treatment is subject to
				review.
(e) "Review organization"
				or "impartial health care services review organization" means a public or
				private entity not owned or operated by, or regularly doing medical reviews
				for, any insurer, self-insurer, or provider, and which, for a fee, can provide
				expert opinions regarding the necessity of treatment provided to an injured
				worker.
(f) "Self-insurer" means an
				employer who has been granted an exemption from the duty to insure under s.
				102.28(2),
				Stats.
(g) "Treatment" means any
				procedure intended to cure and relieve an injured worker from the effects of an
				injury under s.
				102.42,
				Stats.
Wisconsin Administrative Code › Department of Workforce Development › DWD 80-81 - Worker's Compensation › Chapter DWD 81 - Worker's compensation treatment guidelines › Section DWD 81.01 - Purpose and application

Current through June 24, 2024
(1) PURPOSE.
(a) The purpose of this chapter is to
				establish guidelines for necessary and appropriate treatment of patients with
				compensable worker's compensation injuries under s.
				102.16(2m),
				Stats., and s.
				DWD
				80.73.
(b)
				The guidelines contained in this chapter are factors for an impartial health
				care services review organization and a member from an independent panel of
				experts established by the department to consider in rendering opinions to
				resolve necessity of treatment disputes arising under s.
				102.16(2m),
				Stats., and s.
				DWD
				80.73.
(c)
				Sections DWD 81.01 to don ot 81.13 affect any determination of liability for an
				injury under ch. 102, Stats., and are not intended to expand or restrict a
				health care provider's scope of practice under any other statute.
Wisconsin Administrative Code › Department of Workforce Development › DWD 80-81 - Worker's Compensation › Chapter DWD 81 - Worker's compensation treatment guidelines › Section DWD 81.02 - Incorporation by reference

Current through June 24, 2024
The ICD-9-CM diagnostic codes referenced in this chapter are
				  contained in the fourth edition of the International Classification of
				  Diseases, Clinical Modification, 9th Revision, 1994, and corresponding annual
				  updates. This document is incorporated by reference.
This volume is published by the United States Department of
					 Health and Human Services, Centers for Medicare and Medicaid Services, and may
					 be purchased through the Superintendent of Documents, United States Government
					 Printing Office, Washington, D.C. 20402. It is on file at the Worker's
					 Compensation Division of the Department of Workforce Development and at the
					 office of the Revisor of Statutes.
Wisconsin Administrative Code › Department of Workforce Development › DWD 80-81 - Worker's Compensation › Chapter DWD 81 - Worker's compensation treatment guidelines › Section DWD 81.04 - General treatment guidelines; excessive treatment

Current through June 24, 2024
(1) GENERAL.
(a) All treatment shall be medically
				necessary treatment. A health care provider shall evaluate the medical
				necessity of all treatment under par. (b) on an ongoing basis. This chapter
				does not require or permit any more frequent examinations than would normally
				be required for the condition being treated but may require ongoing evaluation
				of the patient that is medically necessary and consistent with accepted medical
				practice.
(b) The health care
				provider shall evaluate at each visit whether initial nonsurgical treatment for
				the low back, cervical, thoracic, and upper extremity conditions specified in
				ss.
				DWD 81.06 to is
				effective 81.09 according to subds. 1. to 3. No later than any applicable
				treatment response time in ss.
				DWD 81.06 to
				81.09, the health care provider shall
				evaluate whether the passive, active, injection, or medication treatment
				modality is resulting in progressive improvement as specified in all of the
				following:
1. The patient's subjective
				complaints of pain or disability are progressively improving, as evidenced by
				documentation in the medical record of decreased distribution, frequency, or
				intensity of symptoms.
2. The
				objective clinical findings are progressively improving, as evidenced by
				documentation in the medical record of resolution or objectively measured
				improvement in physical signs of injury.
3. The patient's functional status,
				especially vocational activities, is progressively improving, as evidenced by
				documentation in the medical record or successive reports of work ability of
				less restrictive limitations on activity.
(c) Except as otherwise provided under ss.
				DWD 81.06(3)
				(b),
				81.07(3) (b),
				81.08(3)
				(b), and
				81.09(3)
				(b), if there is not progressive improvement
				in at least 2 criteria of par. (b) 1. to 3., the modality shall be discontinued
				or significantly modified, or the health care provider shall reconsider the
				diagnosis. The evaluation of the effectiveness of the treatment modality may be
				delegated to an allied health professional directly providing the
				treatment.
(d) The health care
				provider shall use the least intensive setting appropriate and shall assist the
				patient in becoming independent in the patient's own care to the extent
				possible so that prolonged or repeated use of health care providers and medical
				facilities is minimized.
Wisconsin Administrative Code › Department of Workforce Development › DWD 80-81 - Worker's Compensation › Chapter DWD 81 - Worker's compensation treatment guidelines › Section DWD 81.10 - Complex regional pain syndrome of the upper and lower extremities

Current through June 24, 2024
(1) SCOPE.
(a) Complex regional pain syndrome of the
				upper and lower extremities encompasses any condition of the upper or lower
				extremity characterized by findings in all of the following categories:
1. One or more findings reported by the
				patient in 3 or more of the following categories:
a. Positive sensory abnormalities, which
				include spontaneous pain, mechanical hyperalgesia, thermal hyperalgesia, and
				deep somatic hyperalgesia.
b.
				Vascular abnormalities, which include vasodilation, vasoconstriction, skin
				temperature asymmetries, and skin color changes.
c. Swelling or sweating
				abnormalities.
d. Motor and trophic
				changes, which include motor weakness, tremor, abnormal movements, coordination
				deficits, nail changes, hair changes, skin atrophy, joint stiffness, and soft
				tissue changes.
Wisconsin Administrative Code › Department of Workforce Development › DWD 80-81 - Worker's Compensation › Chapter DWD 81 - Worker's compensation treatment guidelines › Section DWD 81.11 - Inpatient hospitalization guidelines

Current through June 24, 2024
(1) GENERAL
				PRINCIPLES.
(a) For purposes of this chapter,
				hospitalization is characterized as inpatient if the patient spends at least
				one night in a hospital, except for a patient in outpatient short stay status
				recovering after surgery for less than 24 hours or a patient in observation
				status.
(b) Unless a patient's
				condition requires special care, only ward or semiprivate accommodations are
				necessary. The admitting health care provider shall document the patient's
				special care needs.
(c) Admission
				before the day of surgery is necessary only if it is medically necessary to
				stabilize the patient before surgery. Admission before the day of surgery to
				perform any part of a preoperative work-up that could have been completed as an
				outpatient is not necessary.
(d)
				Inpatient hospitalization solely for physical therapy, bedrest, or
				administration of injectable drugs is necessary only if the treatment is
				otherwise necessary and the patient's condition makes the patient unable to
				perform the activities of daily life and participate in the patient's own
				treatment and self-care.
(e)
				Discharge from the hospital shall be at the earliest possible date consistent
				with proper health care.
Wisconsin Administrative Code › Department of Workforce Development › DWD 80-81 - Worker's Compensation › Chapter DWD 81 - Worker's compensation treatment guidelines › Section DWD 81.13 - Chronic management

Current through June 24, 2024
(1) SCOPE. This section applies to chronic
				management of all types of physical injuries, even if the injury is not
				specifically governed by this chapter. If a patient continues with symptoms and
				physical findings after all appropriate initial nonsurgical and surgical
				treatment has been rendered, and if the patient's condition prevents the
				resumption of the regular activities of daily life including regular vocational
				activities, then the patient may be a candidate for chronic management. The
				purpose of chronic management is twofold: the patient should be made
				independent of health care providers in the ongoing care of a chronic
				condition; and the patient shall be returned to the highest functional status
				reasonably possible.
(a) Personality or
				psychological evaluation may be necessary for patients who are candidates for
				chronic management. A treating health care provider may perform this evaluation
				or may refer the patient for consultation with another health care provider in
				order to obtain a psychological evaluation. These evaluations may be used to
				assess the patient for a number of psychological conditions that may interfere
				with recovery from the injury. Since more than one of these psychological
				conditions may be present in a given case, a health care provider performing
				the evaluation shall consider all of the following:
1. Is symptom magnification
				occurring?
2. Does the patient
				exhibit an emotional reaction to the injury, such as depression, fear, or
				anger, that is interfering with recovery?
3. Are there other personality factors or
				disorders that are interfering with recovery?
4. Is the patient chemically
				dependent?
5. Are there any
				interpersonal conflicts interfering with recovery?
6. Does the patient have a chronic pain
				syndrome or psychogenic pain?
7. In
				cases in which surgery is a possible treatment, are psychological factors
				likely to interfere with the potential benefit of the surgery?
Wisconsin Administrative Code › Department of Workforce Development › DWD 80-81 - Worker's Compensation › Chapter DWD 81 - Worker's compensation treatment guidelines › Section DWD 81.14 - Health care provider advisory committee

Current through June 24, 2024
(1) The department
				shall establish a health care services provider committee to advise the
				department and the council on worker's compensation on modification of the
				treatment standards under this chapter. The administrator of the worker's
				compensation division shall serve as chairperson. The committee shall consist
				of 14 members, including 6 medical doctors of different specialties, 2
				chiropractors, 2 hospital representatives, one registered nurse, one physical
				therapist, and 2 at-large members, all of whom are licensed in and practicing
				in Wisconsin and provide treatment under s.
				102.42,
				Stats. The appointments to the committee shall be made from a consensus list of
				24 names submitted by the Wisconsin Medical Society, Wisconsin Chiropractic
				Association, and the Wisconsin Hospital Association, except for the 2 at-large
				members, who shall be selected by the department.
(2) In modifying this chapter, the committee
				shall consider the following:
(a) Clarifying
				the description of the guidelines under this chapter.
(b) Updating the guidelines at least every 4
				years to include new modalities of treatment, procedures, and treatment options
				for classes of injuries included in the guidelines.
(c) Expanding the guidelines to cover new
				types and classes of injuries.
Wisconsin Administrative Code › Department of Workforce Development › DWD 100-150 - Unemployment Insurance › Chapter DWD 100 - Definitions › Section DWD 100.01 - General rule

Current through June 24, 2024
Except as otherwise provided or where the context clearly
				  requires otherwise, the definitions in ch. 108, Stats., shall apply to the
				  terms used in chs.
				  DWD 100 to
				  150.
Wisconsin Administrative Code › Department of Workforce Development › DWD 100-150 - Unemployment Insurance › Chapter DWD 101 - Wages For Contribution and Benefit Purposes › Section DWD 101.001 - Definitions

Current through June 24, 2024
(1) IN GENERAL. Except as provided in sub.
				(2), unless the context clearly indicates a different meaning, the definitions
				in ch. DWD 100 apply to this chapter.
(2) In this chapter:
(a) "Employer" means any person who is or
				becomes subject to the reimbursement financing or contribution requirements of
				ch. 108, Stats., including multiemployer benefit plans and other third-party
				payors which become liable under s.
				DWD
				110.06.
(b) "Informant" means an individual who is
				receiving a reward or payment for information relating to or assisting in an
				investigation of a possible violation of law, but not an undercover agent or
				other individual who is paid for the performance of investigative services or
				who receives such payment regardless of whether information relating to or
				assisting in an investigation of a possible violation of law is actually
				provided.
Wisconsin Administrative Code › Department of Workforce Development › DWD 100-150 - Unemployment Insurance › Chapter DWD 101 - Wages For Contribution and Benefit Purposes › Section DWD 101.01 - Purpose

Current through June 24, 2024
The definition of wages in s.
				  108.02(26),
				  Stats., is patterned after the FUTA definition of wages found in
				  26 USC
				  3306(b). This chapter
				  clarifies how the department shall apply the definition of wages in s.
				  108.02(26),
				  Stats., for benefit purposes and to assess employer contributions to the
				  unemployment insurance reserve fund. This chapter also specifies changes to the
				  definition of wages in s.
				  108.02(26),
				  Stats., and provides interpretations which may be inconsistent with those
				  applied to 26 USC
				  3306(b), under the authority
				  granted in s.
				  108.015,
				  Stats.
Wisconsin Administrative Code › Department of Workforce Development › DWD 100-150 - Unemployment Insurance › Chapter DWD 101 - Wages For Contribution and Benefit Purposes › Section DWD 101.02 - Remuneration excluded from the definition of wages

Current through June 24, 2024
Notwithstanding s.
				  108.02(26),
				  Stats., wages shall not include remuneration paid to an informant by any
				  federal law enforcement agency or law enforcement agency of the state or any of
				  its political subdivisions for information provided by the individual to the
				  agency.
Wisconsin Administrative Code › Department of Workforce Development › DWD 100-150 - Unemployment Insurance › Chapter DWD 101 - Wages For Contribution and Benefit Purposes › Section DWD 101.03 - Remuneration included in the definition of wages

Current through June 24, 2024
Notwithstanding s.
				  108.02(26),
				  Stats., wages shall include all cash and non-cash remuneration paid for
				  agricultural labor.
Wisconsin Administrative Code › Department of Workforce Development › DWD 100-150 - Unemployment Insurance › Chapter DWD 101 - Wages For Contribution and Benefit Purposes › Section DWD 101.04 - Prospective application of federal interpretations

Current through June 24, 2024
A final federal interpretation about whether certain payments
				  constitute wages, either generally or as to a particular case, which differs
				  from an earlier departmental interpretation regarding those payments or kinds
				  of payments shall only be applied prospectively. The department may not
				  retroactively change either its interpretation or a determination based on that
				  interpretation due to a subsequent and different federal
				  interpretation.
Wisconsin Administrative Code › Department of Workforce Development › DWD 100-150 - Unemployment Insurance › Chapter DWD 101 - Wages For Contribution and Benefit Purposes › Section DWD 101.05 - Value of room and meals

Current through June 24, 2024
For purposes of s.
				  108.02(26),
				  Stats., the employer shall value lodging and meals at the actual value or, if
				  the actual value is not available, the employer shall make a reasonable
				  estimate of the value. If the actual value or reasonable estimate is not
				  available, the department shall value lodging and meals as follows:
(1) Lodging - $105.00 per week or $15.00 per
				day.
(2) Meals - $86.00 per week,
				$12.30 per day or $4.10 per meal.
Wisconsin Administrative Code › Department of Workforce Development › DWD 100-150 - Unemployment Insurance › Chapter DWD 101 - Wages For Contribution and Benefit Purposes › Section DWD 101.06 - Internal revenue code requirements

Current through June 24, 2024
When s.
				  108.02(26),
				  Stats., or FUTA requires that a payment must meet the requirements of a
				  particular section of the internal revenue code in order to not be considered
				  wages, the employer shall demonstrate to the satisfaction of the department
				  that the payment meets such requirements.
Wisconsin Administrative Code › Department of Workforce Development › DWD 100-150 - Unemployment Insurance › Chapter DWD 102 - Contribution Rates › Section DWD 102.03 - Payors of sickness or accident disability payments: contribution rates

Current through June 24, 2024
A person not previously subject to the contribution
				  requirements under ch. 108, Stats., which becomes an employer subject to these
				  provisions because of sickness or accident disability payments under s.
				  DWD
				  110.06, shall be subject to the initial contribution
				  rate under s.
				  108.18,
				  Stats., for each of the first 3 calendar years.
Wisconsin Administrative Code › Department of Workforce Development › DWD 100-150 - Unemployment Insurance › Chapter DWD 103 - Excluded Employments › Section DWD 103.01 - Certain excluded employments

Current through June 24, 2024
All of the following provisions shall apply in interpreting
				  s.
				  108.02(15),
				  Stats.:
(1) UNPAID CORPORATION OR
				ASSOCIATION OFFICERS AND MERE DIRECTORS EXCLUDED. Under s.
				108.02(15) (k)
				8, Stats., service as an unpaid officer of a
				corporation or association is not "employment", but all paid officers of any
				association or corporation are in "employment" under ch. 108, Stats., subject
				to s.
				108.02(15)
				(L), Stats. Mere "directors", however, who
				perform no paid duties for a corporation or association other than attendance
				at directors' meetings shall not be deemed in an "employment" or be deemed the
				employer's "employees" for the purposes of ch. 108, Stats. Directors who
				perform multiple paid duties for a corporation or association, including
				attendance at directors' meetings, shall not be considered "employees" in
				"employment" when attending directors' meetings but shall be considered
				"employees" in "employment" when performing other paid duties.
(2) UNPAID MANAGERS OF A LIMITED LIABILITY
				COMPANY. Under s.
				108.02(15) (k)
				8, Stats., service as an unpaid manager of a
				limited liability company is not "employment", but all paid managers of a
				limited liability company are in "employment" under ch. 108, Stats., subject to
				ss.
				108.02(12),
				108.02(15)
				(L), and
				108.068,
				Stats.
Wisconsin Administrative Code › Department of Workforce Development › DWD 100-150 - Unemployment Insurance › Chapter DWD 105 - Relationship of carriers and contract operators › Section DWD 105.01 - Purpose

Current through June 24, 2024
The purpose of this chapter is to establish standards for
				  determining whether a contract operator performs services in an independently
				  established business free from the carrier's direction or control so as not to
				  be deemed an "employee" of a carrier under s.
				  108.02(12),
				  Stats.
Wisconsin Administrative Code › Department of Workforce Development › DWD 100-150 - Unemployment Insurance › Chapter DWD 105 - Relationship of carriers and contract operators › Section DWD 105.02 - Requirements of shipper or law; department policy

Current through June 24, 2024
In determining whether the carrier exercises direction or
				  control and whether the contract operator is engaged in an independently
				  established business, the department may not use as evidence any factor to the
				  extent that it is specified by the shipper or required by state or federal laws
				  or regulations. The department believes it is unreasonable to consider mandates
				  of law or specifications of shippers as evidence because they have not been
				  imposed on the relationship between the contract operator and the carrier by
				  those parties of their own volition.
Wisconsin Administrative Code › Department of Workforce Development › DWD 100-150 - Unemployment Insurance › Chapter DWD 105 - Relationship of carriers and contract operators › Section DWD 105.03 - Contract operators; direction and control

Current through June 24, 2024
(1) The department
				shall examine the factors enumerated in this section to determine, both under
				contract and in fact, whether the contract operator is free from a carrier's
				direction or control, while the contract operator performs services for the
				carrier. The department shall determine whether:
(a) The contract operator owns the motor
				vehicle or holds the vehicle under a bona fide lease arrangement with any
				person other than the carrier;
(b)
				The contract operator is responsible for the maintenance of the motor
				vehicle;
(c) The contract operator
				bears the principal burden of the motor vehicle operating costs including such
				items as fuel, repairs, supplies, insurance and personal expenses while on the
				road;
(d) The contract operator
				supplies, or is responsible for supplying, the necessary personal services to
				operate the motor vehicle;
(e) The
				contract operator determines the details and means of performance, namely, the
				type of equipment, assignment of driver, loading, routes and number of stops to
				be made during the haul, as well as starting, completion and elapsed
				times;
(f) The contract operator
				may refuse to make a haul when requested by the carrier;
(g) The contract operator may terminate the
				lease at any time after reasonable notice; and
(h) The contract operator is compensated on a
				division of the gross revenue or by a fee based upon the distance of the haul,
				the weight of the goods, the number of deliveries, or any combination of these
				factors.
Wisconsin Administrative Code › Department of Workforce Development › DWD 100-150 - Unemployment Insurance › Chapter DWD 105 - Relationship of carriers and contract operators › Section DWD 105.04 - Contract operators; independently established business; customarily engaged

Current through June 24, 2024
(1) If the department determines that a
				contract operator is free from a carrier's direction or control in the
				performance of services under s.
				DWD
				105.03, the department shall examine the following
				factors to determine whether a contract operator who performs services for a
				carrier is performing these services in an independently established business
				in which the contract operator is customarily engaged. The department shall
				determine whether:
(a) The contract operator
				owns the motor vehicle or holds the vehicle under a bona fide lease arrangement
				with any person other than the carrier;
(b) The contract operator is free to hire
				another person as a driver in the performance of services for the carrier;
				and
(c) The contract operator is
				free to reject hauling a load offered by the carrier.
Wisconsin Administrative Code › Department of Workforce Development › DWD 100-150 - Unemployment Insurance › Chapter DWD 107 - Employment relationships in the logging industry › Section DWD 107.01 - Purpose

Current through June 24, 2024
The purpose of this chapter is to establish standards for
				  determining whether a piece cutter or skidding operator performs services in an
				  independently established business free from a logging contractor's or forest
				  products manufacturer's direction or control so as not to be deemed an
				  "employee" of a logging contractor or forest products manufacturer under s.
				  108.02(12),
				  Stats.
Wisconsin Administrative Code › Department of Workforce Development › DWD 100-150 - Unemployment Insurance › Chapter DWD 107 - Employment relationships in the logging industry › Section DWD 107.02 - Requirements of law; department policy

Current through June 24, 2024
In determining whether the logging contractor or forest
				  products manufacturer exercises direction or control over the work of a piece
				  cutter or skidding operator and whether the piece cutter or skidding operator
				  is engaged in an independently established business, the department may not use
				  as evidence any requirements of state or federal law governing the logging
				  industry. The department believes it is unreasonable to consider mandates of
				  law as evidence because they have not been imposed on the relationship between
				  the parties of their own volition.
Wisconsin Administrative Code › Department of Workforce Development › DWD 100-150 - Unemployment Insurance › Chapter DWD 107 - Employment relationships in the logging industry › Section DWD 107.03 - Effect

Current through June 24, 2024
If a piece cutter or skidding operator has been found, under
				  ss.
				  DWD 107.04
				  and
				  107.05, to be free from the direction
				  and control of a logging contractor or forest products manufacturer and to be
				  engaged in an independently established business, the piece cutter or skidding
				  operator is an independent contractor and not an employee of the logging
				  contractor or forest products manufacturer under s.
				  108.02(12)
				  (c), Stats.
Wisconsin Administrative Code › Department of Workforce Development › DWD 100-150 - Unemployment Insurance › Chapter DWD 107 - Employment relationships in the logging industry › Section DWD 107.04 - Direction and control

Current through June 24, 2024
(1) The department shall examine the factors
				enumerated in this section to determine, both under contract and in fact,
				whether a piece cutter or skidding operator is free from a logging contractor's
				or forest products manufacturer's direction or control while the piece cutter
				or skidding operator performs services for the logging contractor or forest
				products manufacturer. The department shall determine whether:
(a) The piece cutter or skidding operator is
				responsible for providing and maintaining all of the equipment, supplies and
				tools necessary to meet the contract obligations;
(b) The piece cutter or skidding operator
				supplies or is responsible for supplying the necessary personal services to
				meet the contract obligations and may engage the services of individuals,
				including other piece cutters and skidding operators, without the knowledge or
				consent of the logging contractor or forest products manufacturer;
(c) The piece cutter or skidding operator may
				refuse to contract for work, may refuse to perform work not covered by the
				contract when requested by the logging contractor or forest products
				manufacturer or may refuse to extend a contract for services;
(d) The logging contractor or forest products
				manufacturer may not supervise, either directly or indirectly, the piece cutter
				or skidding operator in the performance of services; and
(e) The logging contractor or forest products
				manufacturer may not discipline or reprimand the piece cutter or skidding
				operator or impose work rules to be obeyed by the piece cutter or skidding
				operator.
Wisconsin Administrative Code › Department of Workforce Development › DWD 100-150 - Unemployment Insurance › Chapter DWD 107 - Employment relationships in the logging industry › Section DWD 107.05 - Independently established business; customarily engaged

Current through June 24, 2024
(1) If the
				department determines that a piece cutter or skidding operator is free from a
				logging contractor's or forest products manufacturer's direction or control in
				the performance of services under s.
				DWD 107.04,
				the department shall examine the following factors to determine whether a piece
				cutter or skidding operator who performs services for a logging contractor or
				forest products manufacturer is performing these services in an independently
				established business in which the piece cutter or skidding operator is
				customarily engaged. The department shall determine whether:
(a) The piece cutter or skidding operator
				negotiated a contract with the logging contractor or forest products
				manufacturer for the right to cut timber or the right to skid logs;
(b) The piece cutter or skidding operator
				negotiated the compensation to be paid for cutting timber or skidding
				logs;
(c) The piece cutter or
				skidding operator has an ownership interest in a business. In determining
				whether the piece cutter or skidding operator has an ownership interest in a
				business, the department shall consider whether the piece cutter or skidding
				operator:
1. May sell or give away the
				business without restriction from the logging contractor or forest products
				manufacturer;
2. Has an expectation
				of profit or bears the risk of loss while performing services for the logging
				contractor or forest products manufacturer; and
3. Has a monetary investment in the trade,
				such as tools, equipment and inventory, which are usual and customary in the
				industry.
(d) The piece
				cutter or skidding operator is represented to logging contractors and forest
				products manufacturers as a person who provides timber cutting or log skidding
				services;
(e) The piece cutter or
				skidding operator is free to solicit contracts, enter into contracts and
				perform services under contract for more than one logging contractor or forest
				products manufacturer at or about the same time; and
(f) The piece cutter or skidding operator
				determines the rate of pay, is liable for paying the wages, and actually pays
				the wages of individuals, including other piece cutters and skidding operators,
				engaged by the piece cutter or skidding operator to meet the contract
				obligations.
Wisconsin Administrative Code › Department of Workforce Development › DWD 100-150 - Unemployment Insurance › Chapter DWD 110 - Coverage And Related Records And Reports › Section DWD 110.001 - Definitions

Current through June 24, 2024
(1) IN GENERAL. Except as provided in sub.
				(2), unless the context clearly indicates a different meaning, the definitions
				in ch. DWD 100 apply to this chapter.
(2) Notwithstanding ch. DWD 100 and unless
				the context clearly indicates a different meaning, in this chapter "employer"
				means any person who is or becomes subject to the reimbursement financing or
				contribution requirements of ch. 108, Stats., including multiemployer benefit
				plans and other third party payors.
Wisconsin Administrative Code › Department of Workforce Development › DWD 100-150 - Unemployment Insurance › Chapter DWD 110 - Coverage And Related Records And Reports › Section DWD 110.01 - Purpose

Current through June 24, 2024
This chapter requires employing units to maintain work
				  records for individuals who perform services for them and to submit such
				  records for the department's inspection and submit and file other reports
				  requested by the department to determine the employing unit's status and
				  contribution liability under ch. 108, Stats. The chapter specifies the
				  department's investigative powers and enumerates the dates by which certain
				  records and reports are to be submitted to the department.
Wisconsin Administrative Code › Department of Workforce Development › DWD 100-150 - Unemployment Insurance › Chapter DWD 110 - Coverage And Related Records And Reports › Section DWD 110.02 - Required records to retain; retention periods; department's investigative powers

Current through June 24, 2024
(1) Pursuant to s.
				108.21,
				Stats., each employing unit shall maintain a true and accurate work record for
				every individual who performs services for that employing unit so that the
				department may determine the employing unit's status and contribution liability
				under ch. 108, Stats.
(2) The work
				record shall include all of the following:
(a)
				The full name, address and social security number of each individual who
				performs services for the employing unit.
(b) The dates that each individual performed
				services.
(c) The weekly wages
				earned by each individual who performed services.
(d) The dates that the wages were paid to
				each individual.
Wisconsin Administrative Code › Department of Workforce Development › DWD 100-150 - Unemployment Insurance › Chapter DWD 110 - Coverage And Related Records And Reports › Section DWD 110.03 - Required records and reports to submit

Current through June 24, 2024
Pursuant to ss.
				  108.14 and
				  108.21,
				  Stats., each employing unit shall submit any work records and any other records
				  and reports concerning the services performed by individuals for the employing
				  unit which the department may request. The department may require the employing
				  unit to make either verbal or written reports or both.
Wisconsin Administrative Code › Department of Workforce Development › DWD 100-150 - Unemployment Insurance › Chapter DWD 110 - Coverage And Related Records And Reports › Section DWD 110.04 - Conditions for coverage and liability; reporting requirements

Current through June 24, 2024
Any employing unit which is not subject to the reimbursement
				  financing or contribution provisions under ch. 108, Stats., becomes subject if
				  the employing unit meets the coverage requirements under ch. 108, Stats. Any
				  employing unit which meets the coverage requirements under ch. 108, Stats.,
				  shall notify the department and accurately and completely report its employment
				  and wages so that the department may determine the employing unit's status and
				  contribution liability. The employing unit shall submit this report to the
				  department within 30 days after meeting the coverage requirements under ch.
				  108, Stats.
Wisconsin Administrative Code › Department of Workforce Development › DWD 100-150 - Unemployment Insurance › Chapter DWD 110 - Coverage And Related Records And Reports › Section DWD 110.05 - Conditions for status as a nonprofit organization; reporting requirements

Current through June 24, 2024
Except as further provided in this section, no employing
				  unit may be considered to be a nonprofit organization eligible to apply for
				  reimbursement financing until the date that the department receives a copy of
				  the letter issued by the internal revenue service determining that the
				  employing unit is exempt from taxation under section 501 (c) (3) of the
				  internal revenue code. If an employing unit receives such a letter from the
				  internal revenue service after the employing unit becomes an employer under s.
				  108.02(13) (d) or
				  (e), Stats., the department shall consider
				  the employing unit to be a nonprofit organization beginning on January 1 of the
				  year after the year in which the internal revenue service issues the letter.
				  The department shall consider the employing unit to be a nonprofit organization
				  as of the date specified by the internal revenue service if all of the
				  following apply:
(1) The employing unit
				has filed a written notice with the department electing reimbursement financing
				under s.
				108.151(2),
				Stats.
(2) The employing unit acted
				diligently in requesting such a determination from the internal revenue
				service.
(3) Any delays concerning
				such a determination are attributable solely to the internal revenue
				service.
(4) There is no
				overpayment of benefits to any claimant due to the department adopting the date
				specified by the internal revenue service.
Wisconsin Administrative Code › Department of Workforce Development › DWD 100-150 - Unemployment Insurance › Chapter DWD 110 - Coverage And Related Records And Reports › Section DWD 110.07 - Due date for certain reports; contribution reports; reimbursement financing

Current through June 24, 2024
(1) NEWLY SUBJECT EMPLOYERS; PAYMENT OF CONTRIBUTIONS. Under s.
				108.17(1m),
				Stats., an employer which becomes newly subject to the contribution provisions
				of ch. 108, Stats., based on employment during any year shall pay contributions
				based on payroll for all quarters beginning with the first quarter in the year
				in which the employer became subject to ch. 108, Stats. The employer shall pay
				such contributions by the close of the month next following the first full
				quarter occurring after the quarter during which the liability was incurred
				except that the due date may not be later than January 31 of the succeeding
				year.
(2) ELECTION OF REIMBURSEMENT
				FINANCING; NOTICES AND ASSURANCES.
(a) Any
				notice of election of reimbursement financing by an employer other than a newly
				subject employer under sub. (1) and any assurance of reimbursement are
				delinquent unless the department receives the notice or assurance by its due
				date. If the due date of the notice or assurance would otherwise be a Saturday,
				Sunday or legal holiday under state or federal law, the due date is the next
				following day which is not a Saturday, Sunday or legal holiday under state or
				federal law.
(b) A nonprofit
				organization which discontinues participation in a group reimbursement account
				under s.
				108.151(6),
				Stats., may elect reimbursement financing in its own name by filing a notice of
				election of reimbursement financing with the department on or before December
				31 of the year in which the group reimbursement account is
				terminated.
Wisconsin Administrative Code › Department of Workforce Development › DWD 100-150 - Unemployment Insurance › Chapter DWD 110 - Coverage And Related Records And Reports › Section DWD 110.08 - General provisions relating to reporting wages on the employer's contribution report

Current through June 24, 2024
(1) WISCONSIN TOTAL WAGES. Each employer
				shall report all covered wages paid or constructively paid during the
				applicable quarter on the employer's contribution report.
(2) DEFINED TAXABLE PAYROLL. An employer's
				defined taxable payroll is the amount of covered wages of the payroll base and
				shall be reported on the contribution report.