reglab/statecodes huggingface dataset:
Wisconsin Administrative Code › Department of Workforce Development › DWD 60-75 - Vocational Rehabilitation › Chapter DWD 75 - Appeal Procedures For Persons Applying For Or Receiving Vocational Rehabilitation Services › Section DWD 75.08 - Motions relative to a hearing

Current through June 24, 2024
Motions shall be in writing and may be filed at any time
				  prior to a scheduled hearing. A motion shall state the grounds of the motion
				  and the relief or order requested. Briefs, affidavits, documentary evidence and
				  other papers in support of a motion shall be filed with the motion and the
				  hearing officer. Motions relative to a hearing may include any of the
				  following:
(1) MOTION TO EXTEND TIME
				LIMITS. A motion to extend any time limit, including the 60-day time limit for
				holding a hearing.
(2) MOTION TO
				DISMISS A HEARING REQUEST FOR LACK OF SUBJECT MATTER JURISDICTION. A motion to
				dismiss a hearing request on the grounds that the department does not have
				subject matter jurisdiction may be filed at any time.
(3) MOTION TO AMEND A HEARING REQUEST. A
				motion to expand or restrict the nature or scope of the hearing.
(4) MOTION TO WITHDRAW A HEARING REQUEST. An
				applicant, eligible individual, or their representative may withdraw from the
				appeal process at any time.
(5)
				MOTION FOR A SUBSTITUTE HEARING OFFICER. Either party may file a motion for a
				substitute hearing officer for reasons of conflict of interest, bias, or
				qualifications.
Wisconsin Administrative Code › Department of Workforce Development › DWD 60-75 - Vocational Rehabilitation › Chapter DWD 75 - Appeal Procedures For Persons Applying For Or Receiving Vocational Rehabilitation Services › Section DWD 75.09 - Identification of a representative

Current through June 24, 2024
(1) ADMINISTRATOR'S
				REPRESENTATIVE. An administrator's representative shall be designated for each
				hearing.
(2) REPRESENTATIVE OF
				APPLICANT OR ELIGIBLE INDIVIDUAL. An applicant or eligible individual may
				designate a representative for a hearing. As provided under
				34 CFR
				370.4, upon the request of an applicant or
				eligible individual, the Wisconsin client assistance program may provide
				assistance and advocacy services for the applicant or eligible individual and
				may be the designated representative of an applicant or eligible
				individual.
(3) NOTICE OF
				REPRESENTATION. Notice of representation shall be filed with the hearing
				officer as part of the prehearing conference under s.
				DWD 75.14,
				or within 5 working days in advance of the scheduled hearing. If the
				representative of the applicant or eligible individual has been properly
				designated in writing prior to a hearing request, that designation shall be
				valid for a hearing unless revoked by the applicant or eligible individual. If
				the applicant or eligible individual is not present at a hearing to introduce a
				representative, the hearing officer may require the representative to present
				identification before the hearing may proceed.
Wisconsin Administrative Code › Department of Workforce Development › DWD 60-75 - Vocational Rehabilitation › Chapter DWD 75 - Appeal Procedures For Persons Applying For Or Receiving Vocational Rehabilitation Services › Section DWD 75.10 - Filing documents

Current through June 24, 2024
(1) DOCUMENTS FILED WITH REPRESENTATIVE. If
				the applicant or eligible individual has designated a representative in
				writing, all correspondence and other documents related to the hearing shall be
				sent by mail or electronic mail to the representative of the applicant or
				eligible individual. For documents sent by mail or electronic mail, the date
				the document is received by the applicant, eligible individual, or their
				representative determines the date of filing.
(2) FILING IN PERSON. For papers filed in
				person, the date the applicant, eligible individual, or their representative
				receives the document determines the filing date.
(3) DOCUMENT EXCHANGE. Filing of any document
				with the hearing officer or the hearing coordinator constitutes a certification
				that a copy of the document has been served on the other parties.
Wisconsin Administrative Code › Department of Workforce Development › DWD 60-75 - Vocational Rehabilitation › Chapter DWD 75 - Appeal Procedures For Persons Applying For Or Receiving Vocational Rehabilitation Services › Section DWD 75.11 - Services while a hearing officer's decision is pending

Current through June 24, 2024
Pending the decision of a hearing officer, the department
				  may not suspend, reduce, or terminate vocational rehabilitation services
				  including evaluation and assessment services and IPE development unless any of
				  the following apply:
(1) The services
				were obtained through misrepresentation, fraud, collusion, or criminal
				conduct.
(2) The applicant,
				eligible individual, or, in appropriate cases, the applicant's or eligible
				individual's representative requests a suspension, reduction, or termination of
				services.
Wisconsin Administrative Code › Department of Workforce Development › DWD 60-75 - Vocational Rehabilitation › Chapter DWD 75 - Appeal Procedures For Persons Applying For Or Receiving Vocational Rehabilitation Services › Section DWD 75.12 - Hearing officer qualifications

Current through June 24, 2024
A hearing officer shall be impartial and have knowledge of
				  the delivery of vocational rehabilitation services, the requirements of the
				  state plan for services under the act, federal regulations and state
				  regulations and policy governing the provision of the services and the
				  procedures for conducting an impartial hearing. The hearing officer shall
				  not:
(1) Be an employee of the
				department or other public agency except as an administrative law judge, a
				hearing examiner or an employee of an institution of higher education. An
				individual is not considered an employee of the department solely because the
				individual is paid by the department to serve as a hearing officer.
(2) Be a member of the state rehabilitation
				planning advisory council.
(3) Have
				been previously involved in the vocational rehabilitation of the applicant or
				eligible individual.
(4) Have any
				personal or financial interest that may conflict with the hearing officer's
				obligation to be objective.
Wisconsin Administrative Code › Department of Workforce Development › DWD 60-75 - Vocational Rehabilitation › Chapter DWD 75 - Appeal Procedures For Persons Applying For Or Receiving Vocational Rehabilitation Services › Section DWD 75.13 - Authority of the hearing officer

Current through June 24, 2024
(1) The hearing
				officer shall conduct a prehearing conference with the parties as specified
				under s.
				DWD 75.14.
				The hearing officer may receive and act on motions under s.
				DWD
				75.08, use the power of subpoena under s.
				885.01,
				Stats., and contact any party prior to a scheduled hearing to obtain needed
				information or suggest mediation if the parties agree that agreement is
				possible prior to the hearing. The parties retain all rights under this chapter
				regardless of their participation or nonparticipation in mediation.
(2) The hearing officer shall control the
				course and conduct of the hearing to ensure that all required procedures are
				followed, that the parties are fairly represented and that the issues are
				presented clearly and briefly.
(3)
				Except as provided under s.
				DWD
				75.19, the decision of the hearing officer is
				final.
Wisconsin Administrative Code › Department of Workforce Development › DWD 60-75 - Vocational Rehabilitation › Chapter DWD 75 - Appeal Procedures For Persons Applying For Or Receiving Vocational Rehabilitation Services › Section DWD 75.14 - Prehearing conference

Current through June 24, 2024
(1) PURPOSE. The hearing officer shall ask
				the parties to participate in a prehearing conference to do one or more of the
				following:
(a) Formulate a statement of the
				issue or issues presented by an appeal.
(b) Identify potential witnesses and receive
				motions.
(c) Confirm the scheduled
				hearing.
(d) Clarify any other
				issues to be considered or excluded from a hearing.
Wisconsin Administrative Code › Department of Workforce Development › DWD 60-75 - Vocational Rehabilitation › Chapter DWD 75 - Appeal Procedures For Persons Applying For Or Receiving Vocational Rehabilitation Services › Section DWD 75.15 - Agreement prior to a hearing

Current through June 24, 2024
(1) Notice of
				agreement. If the parties reach agreement prior to a hearing, the hearing
				officer shall notify the parties by certified mail that the issue has been
				resolved by mutual agreement and is dismissed without prejudice. The dismissal
				notice shall include a brief summary of the agreement between the parties and
				advise the parties that failure to meet the conditions of the agreement shall
				be grounds for a new hearing request.
(2) IF PROPOSED SETTLEMENT REJECTED. If
				either party rejects a proposal prior to a scheduled hearing, the scheduled
				hearing shall be held without additional notice.
Wisconsin Administrative Code › Department of Workforce Development › DWD 60-75 - Vocational Rehabilitation › Chapter DWD 75 - Appeal Procedures For Persons Applying For Or Receiving Vocational Rehabilitation Services › Section DWD 75.17 - Decision of the hearing officer

Current through June 24, 2024
The hearing officer shall issue a written decision within 10
				  calendar days of a written motion under s.
				  DWD
				  75.08 and within 30 calendar days of a hearing. The
				  hearing officer shall provide a report of the hearing including the findings
				  and the grounds for the decision. The decision shall state that the decision is
				  final unless the administrator's representative, applicant or eligible
				  individual, or the representative of the applicant or eligible individual,
				  requests a review of the decision of the hearing officer within 20 calendar
				  days after the decision is issued, under s.
				  DWD
				  75.19, or the applicant or eligible individual, or the
				  representative of the applicant or eligible individual, chooses to petition the
				  circuit court under s.
				  227.53,
				  Stats. The notice shall specify the procedures for filing a claim in circuit
				  court. The hearing officer shall send the original to the applicant or eligible
				  individual, or the representative of the applicant or eligible individual, and
				  send a copy of the notice to the administrator's representative and to the
				  hearing coordinator for placement in the applicant's or eligible individual's
				  case record.
Wisconsin Administrative Code › Department of Workforce Development › DWD 60-75 - Vocational Rehabilitation › Chapter DWD 75 - Appeal Procedures For Persons Applying For Or Receiving Vocational Rehabilitation Services › Section DWD 75.18 - Hearing officer's report

Current through June 24, 2024
The hearing officer shall forward the recording of the
				  hearing, a written summary of the hearing and any other items specified by
				  contract to the hearing coordinator. The hearing coordinator shall ensure that
				  all required materials have been received and shall forward the materials to
				  the department for a decision as to whether a formal review of the hearing
				  officer's decision is needed.
Wisconsin Administrative Code › Department of Workforce Development › DWD 60-75 - Vocational Rehabilitation › Chapter DWD 75 - Appeal Procedures For Persons Applying For Or Receiving Vocational Rehabilitation Services › Section DWD 75.19 - Review of hearing officer's decision

Current through June 24, 2024
(1) NOTICE OF INTENT
				TO REVIEW. The department, or the applicant or eligible individual, may
				initiate a review of the hearing officer's decision issued under s. DWD 75.17.
				If the department decides to initiate a review of the hearing officer's
				decision, written notice of this decision shall be filed with the parties by
				certified mail within 20 calendar days of the date that the decision of the
				hearing officer was mailed. The intent to review notice shall advise the
				parties that additional evidence and information relevant to the final decision
				may be filed with the department within 30 calendar days following the date of
				the intent to review notice and that the department may also collect new
				evidence from other sources during that period.
(2) REVIEW AUTHORITY. Authority for modifying
				the decision of a hearing officer under this chapter is reserved to the
				department secretary and may not be otherwise delegated.
(3) BASIS FOR CHANGING HEARING OFFICER
				DECISION. The department may not modify a decision of a hearing officer which
				supports the position of the applicant or eligible individual unless, based on
				clear and convincing evidence, the decision is clearly contrary to law or
				federal policy issuances.
(5)
				NOTICE OF OUTCOME OF THE DEPARTMENT'S REVIEW. The department shall notify the
				parties in writing by certified mail of the outcome of the review within 30
				calendar days after the date of the intent to review notice. The notice shall
				state the findings, the grounds for the final decision, that it is the final
				decision unless modified by a court and information on how to file a request
				for circuit court review. The department shall send copies of the letter and
				any attachments to the hearing coordinator for placement in the applicant's or
				eligible individual's case record, to the hearing officer and to the contract
				administrator.
Wisconsin Administrative Code › Department of Workforce Development › DWD 80-81 - Worker's Compensation › Chapter DWD 80 - Worker's Compensation › Section DWD 80.01 - Definitions

Current through June 24, 2024
(1) "Act," "compensation act" or "worker's
				compensation act" means ch. 102, Stats.
(2) "Department" means the department of
				workforce development.
(3)
				"Commission" means the labor and industry review commission.
Wisconsin Administrative Code › Department of Workforce Development › DWD 80-81 - Worker's Compensation › Chapter DWD 80 - Worker's Compensation › Section DWD 80.02 - Reports

Current through June 24, 2024
(1) EMPLOYERS. An employer covered by the
				provisions of ch. 102, Stats., shall, within one day after the death of an
				employee due to a compensable injury, report the death to the department and
				the employer's insurance carrier by telegraph, telephone, letter, facsimile
				transmission or other means authorized by the department on a case-by-case
				basis as communication technologies change. An insured employer shall also
				notify its insurance carrier of a compensable injury within 7 days after the
				accident or beginning of a disability from occupational disease related to the
				employee's compensable injury if any of the following occurs:
(a) Disability exists beyond the 3rd day
				after the employee leaves work as a result of the accident or disease. In
				counting the days on which disability exists, include Sunday only if the
				employee usually works on Sunday.
(b) An employer's insurance carrier has
				primary liability for unpaid medical treatment.
Wisconsin Administrative Code › Department of Workforce Development › DWD 80-81 - Worker's Compensation › Chapter DWD 80 - Worker's Compensation › Section DWD 80.025 - Inspection and copying of records

Current through June 24, 2024
(1) The policy of
				the state on public access to records is set forth in ss.
				19.31 to
				19.37,
				Stats. The policy of the department is to provide, to the greatest extent
				possible, ready and open access to public records. In the worker's compensation
				division, access may be limited in particular cases only when consideration of
				the information in a file leads to the conclusion that the public interest
				served by nondisclosure is greater than the public interest served by
				disclosure. The inspection and copying of worker's compensation records shall
				be subject to the conditions specified in this section.
(2) The requester shall provide sufficient
				information on each individual file requested to permit identification and
				location of the specific file. Desirable information on claim files includes:
(a) The correct name of the individual who
				has claimed a work-related disability;
(b) The claimant's social security
				number;
(c) The date the claimed
				injury or illness occurred;
(d) The
				name of the employing firm or firms at the time of the claimed injury or
				illness;
(e) The name of the
				employing firm's insurance carrier.
Wisconsin Administrative Code › Department of Workforce Development › DWD 80-81 - Worker's Compensation › Chapter DWD 80 - Worker's Compensation › Section DWD 80.03 - Compromise

Current through June 24, 2024
(1) Whenever an employer and an employee
				enter into a compromise agreement concerning the employer's liability under ch.
				102, Stats., for a particular injury to that employee, the following conditions
				shall be fulfilled:
(a) The compromise
				agreement shall be in writing, or in the alternative, oral on the record at the
				time of scheduled hearing;
(b) The
				compromise agreement shall be mailed to the department unless made on the
				record;
(c) The compromise
				agreement must be approved by the department; and
(d) No compromise agreement may provide for a
				lump sum payment of more than the incurred medical expenses plus sums accrued
				as compensation or death benefits to the date of the agreement and $10,000 in
				unaccrued benefits where the compromise settlement in a claim other than for
				death benefits involves a dispute as to the extent of permanent disability.
				Lump sum payments will be considered after approval of the compromise in
				accordance with s.
				DWD
				80.39.
(e)
				Compromise agreements which provide for payment of a lump sum into an account
				in a bank, trust company or other financial institution, which account is
				subject to release as the department directs, will be authorized.
(f) Appropriate structured settlements will
				be approved.
(g) All written
				compromise agreements submitted to the department shall contain the following:
The employee has the right to petition the department of
				  workforce development to set aside or modify this compromise agreement within
				  one year of its approval by the department. The department may set aside or
				  modify the compromise agreement. The right to request the department to set
				  aside or modify the compromise agreement does not guarantee that the compromise
				  will in fact be reopened.
Wisconsin Administrative Code › Department of Workforce Development › DWD 80-81 - Worker's Compensation › Chapter DWD 80 - Worker's Compensation › Section DWD 80.06 - Parties

Current through June 24, 2024
The parties to the controversy shall be known as the
				  applicant and the respondent. The party filing the application for relief shall
				  be known as the applicant and an adverse party as the respondent. Any party may
				  appear in person or by an attorney or agent.
Wisconsin Administrative Code › Department of Workforce Development › DWD 80-81 - Worker's Compensation › Chapter DWD 80 - Worker's Compensation › Section DWD 80.07 - Service

Current through June 24, 2024
All service of papers, unless otherwise directed by the
				  department or by law, may be made by mail and proof of such mailing shall be
				  prima facie proof of such service. Time within which service shall be made
				  shall be the same as in courts of record unless otherwise specified by rule or
				  order of the department.
Wisconsin Administrative Code › Department of Workforce Development › DWD 80-81 - Worker's Compensation › Chapter DWD 80 - Worker's Compensation › Section DWD 80.10 - Stipulations

Current through June 24, 2024
Parties to a controversy may stipulate the facts in writing,
				  and the department may thereupon make its order or award. Stipulations must set
				  forth in detail the manner of computing the compensation due and must be
				  accompanied by a report from a physician stating the extent of the
				  disability.
Wisconsin Administrative Code › Department of Workforce Development › DWD 80-81 - Worker's Compensation › Chapter DWD 80 - Worker's Compensation › Section DWD 80.21 - Reports by practitioners and expert witnesses

Current through June 24, 2024
(1) Upon the
				request of the department, any party in interest to a claim under ch. 102,
				Stats., shall furnish to the department and to all parties in interest copies
				of all reports by practitioners and expert witnesses in their possession or
				procurable by them.
(2) In cases
				involving nonscheduled injuries under s.
				102.44(2) or
				(3), Stats., any party in interest to a claim
				under the act shall, upon the request of the department, also furnish to the
				department and to all parties in interest any reports in their possession or
				reasonably available to them relating to the loss of earning capacity as set
				forth in s.
				DWD
				80.34.
(3)
				Any party who does not comply with the request of the department under sub. (1)
				or (2) shall be barred from presenting the reports or the testimony contained
				therein at the hearing.
(4) No
				testimony or reports from expert witnesses on the issue of loss of earning
				capacity may be received unless the party offering the evidence has notified
				the department and the other parties of interest of the party's intent to
				provide the testimony or reports and the names of expert witnesses involved as
				required under the provisions of s.
				102.17(7),
				Stats.
Wisconsin Administrative Code › Department of Workforce Development › DWD 80-81 - Worker's Compensation › Chapter DWD 80 - Worker's Compensation › Section DWD 80.23 - Common insurance of employer and third party

Current through June 24, 2024
In all cases where compensation becomes payable and the
				  insurance carrier of an employer and of a third party shall be the same, or if
				  there is common control of the insurer of each, the insurance carrier of the
				  employer shall promptly notify the parties in interest and the department of
				  that fact.
Wisconsin Administrative Code › Department of Workforce Development › DWD 80-81 - Worker's Compensation › Chapter DWD 80 - Worker's Compensation › Section DWD 80.26 - Loss of vision; determination

Current through June 24, 2024
The following rules for determining loss of visual efficiency
				  shall be applicable to all cases settled after December 1, 1941, irrespective
				  of the date of injury, except that, in the examples for computations of
				  compensation payable and of the percentage of permanent total disability, the
				  computation of the percentage of visual impairment must be applied to the
				  provisions of the worker's compensation act as they existed at the date of the
				  injury.
(1) MAXIMUM AND MINIMUM LIMITS
				OF THE PRIMARY COORDINATE FACTORS OF VISION. In order to determine the various
				degrees of visual efficiency, a) normal or maximum, and b) minimum, limits for
				each coordinate function must be established; i.e., the 100% point and the 0%
				point.
(a)
Maximum limits.
The maximum efficiency for each of these is established by existing and
				accepted standards.
1. Central visual acuity.
				The ability to recognize letters or characters which subtend an angle of 5
				minutes, each unit part of which subtends a 1 minute angle at the distance
				viewed is accepted as standard. Therefore a 20/20 Snellen or A.M.A. and a 14/14
				A.M.A. are employed as the maximum acuity of central vision, or 100% acuity for
				distance vision and near vision respectively.
2. Field vision. A visual field having an
				area which extends from the point of fixation outward 65, down and out 65, down
				55, down and in 45, inward 45, in and up 45, upward 45, and up and out 55 is
				accepted as 100% industrial visual field efficiency.
3. Binocular vision. Maximum binocular vision
				is present if there is absence of diplopia in all parts of the field of
				binocular fixation, and if the 2 eyes give useful binocular vision.
Wisconsin Administrative Code › Department of Workforce Development › DWD 80-81 - Worker's Compensation › Chapter DWD 80 - Worker's Compensation › Section DWD 80.27 - Forms

Current through June 24, 2024
A sample copy of all forms referred to in these rules may be
				  obtained upon a request to the Worker's Compensation Division, Department of
				  Workforce Development, Post Office Box 7901, Madison, WI
				  53707.
Wisconsin Administrative Code › Department of Workforce Development › DWD 80-81 - Worker's Compensation › Chapter DWD 80 - Worker's Compensation › Section DWD 80.29 - Value of room or meals

Current through June 24, 2024
For the purpose of determining the value of lodging and meals
				  for wage purposes under ch. 102, Stats., the allowance provided under ch. DWD
				  272 shall apply.
Wisconsin Administrative Code › Department of Workforce Development › DWD 80-81 - Worker's Compensation › Chapter DWD 80 - Worker's Compensation › Section DWD 80.30 - Average weekly earnings for members of volunteer fire companies or fire departments

Current through June 24, 2024
The maximum average weekly earnings under the provisions of
				  s.
				  102.11,
				  Stats., which are in effect on the date of injury shall be used in computing
				  the amount of compensation payable to an employee as defined by s.
				  102.07(7),
				  Stats., except as specific showing may be made in an individual case that such
				  wage is not proper.
Wisconsin Administrative Code › Department of Workforce Development › DWD 80-81 - Worker's Compensation › Chapter DWD 80 - Worker's Compensation › Section DWD 80.33 - Permanent disabilities; fingertip amputations

Current through June 24, 2024
In estimating permanent disability as a result of fingertip
				  amputations, amputation of the distal one-third or less shall be considered the
				  equivalent of 45% loss of use of the distal phalanx, amputation of not more
				  than the distal two-thirds but more than the distal one-third shall be
				  considered the equivalent of 80% loss of use of the distal phalanx, and
				  amputation of more than the distal two-thirds shall be considered as 100% loss
				  of the distal phalanx, provided there is not added disability as a result of
				  malformed nail or tissue. In no case shall the allowance be greater than it
				  would have been for amputation of the entire distal phalanx.
Wisconsin Administrative Code › Department of Workforce Development › DWD 80-81 - Worker's Compensation › Chapter DWD 80 - Worker's Compensation › Section DWD 80.34 - Loss of earning capacity

Current through June 24, 2024
(1) Any department
				determinations as to loss of earning capacity for injuries arising under s.
				102.44(2) and
				(3), Stats., shall take into account the
				effect of the injured employee's permanent physical and mental limitations
				resulting from the injury upon present and potential earnings in view of the
				following factors:
(a) Age;
(b) Education;
(c) Training;
(d) Previous work experience;
(e) Previous earnings;
(f) Present occupation and
				earnings;
(g) Likelihood of future
				suitable occupational change;
(h)
				Efforts to obtain suitable employment;
(i) Willingness to make reasonable change in
				a residence to secure suitable employment;
(j) Success of and willingness to participate
				in reasonable physical and vocational rehabilitation program; and
(k) Other pertinent evidence.
Wisconsin Administrative Code › Department of Workforce Development › DWD 80-81 - Worker's Compensation › Chapter DWD 80 - Worker's Compensation › Section DWD 80.38 - Assessment of administrative expenses

Current through June 24, 2024
(1) For purposes of
				determining assessment payments under s.
				102.75,
				Stats., "indemnity paid or payable" excludes:
(a) Payments made for medical, hospital or
				related expenses.
(b) Additional
				payments for penalties and increased compensation.
(c) Payments made into the work injury
				supplemental benefit fund.
(d)
				Payments made from the work injury supplemental benefit fund other than those
				paid under s.
				102.44(1),
				Stats.
(e) Payments made under ss.
				102.475,
				102.35, and
				102.18(1)
				(bp), Stats.
(f) Payments made under statutory provisions
				other than those of ch. 102, Stats.
(g) Payments made pursuant to a compromise
				agreement to the extent that they cannot be determined to be indemnity paid or
				payable under sub. (2).
Wisconsin Administrative Code › Department of Workforce Development › DWD 80-81 - Worker's Compensation › Chapter DWD 80 - Worker's Compensation › Section DWD 80.39 - Advance payment of unaccrued compensation

Current through June 24, 2024
(1) The department
				may order partial or full payment of unaccrued compensation to an employee or
				his or her dependents pursuant to s.
				102.32(6m),
				Stats., upon consideration of the following factors:
(a) The length of time since the
				injury;
(b) The total income of the
				employee or the dependent;
(c) The
				income of others in the employee's or the dependent's household;
(d) The age of the employee or the
				dependent;
(e) The other available
				assets of the employee or the dependent;
(f) The loss of benefits because of interest
				credit due to self-insured employer or insurance carrier;
(g) The purpose for which the advancement is
				requested;
(h) The other financial
				obligations of the employee or the dependent;
(i) The employment status of the employee or
				the dependent;
(j) If the
				advancement is requested for the purchase of real estate, the cost of the real
				estate and availability of other necessary financing for the real
				estate;
(k) The employee's or the
				dependent's previous experience in and likelihood of success in a proposed
				business venture;
(L) The probable
				income and security of any proposed investment; and
(m) Other information indicating whether an
				advancement is in the best interest of the applicant.
Wisconsin Administrative Code › Department of Workforce Development › DWD 80-81 - Worker's Compensation › Chapter DWD 80 - Worker's Compensation › Section DWD 80.40 - Assessment for unpaid claims of insolvent self-insurer

Current through June 24, 2024
If an employer currently or formerly exempted from the duty
				  to insure by order of the department under s.
				  102.28(7)
				  (b), Stats., is unable to pay any award and
				  if judgement against such employer is returned unsatisfied, the department
				  shall determine payment into the fund established by s.
				  102.28(8),
				  Stats., as follows:
(1) The department
				shall prepare an estimate of the payments that should be made by the insolvent
				exempt employer for a period of one year. If the department elects to retain an
				insurance carrier or insurance service organization under s.
				102.28(7),
				Stats., the department will prepare an estimate of the charges that will be
				made by such carrier or organization to process, investigate and pay such
				claims for the same one year period. The sum of these 2 amounts shall be
				divided by the total number of employers exempted under s.
				102.28(2),
				Stats.
(2) The department shall
				assess and order payment within 30 days by each exempt employer the amount
				determined under sub. (1) to the state treasurer for deposit in the fund
				created by s.
				102.28(8),
				Stats.
(3) The department shall
				prepare an estimate of the total remaining liability of the insolvent exempt
				employer and an estimate of the amount that may be recovered from that
				employer, its receiver or trustee in bankruptcy. Such estimates shall be
				communicated to all exempt employers.
(4) At least annually following the original
				order the department shall estimate the amount due and payable during the
				following year and the charges expected from any insurance carrier or claims
				service for such year and assess and order payment by each exempt employer its
				pro rata share determined as provided by s.
				102.28(7)
				(b), Stats.
(5) At the time orders are issued under sub.
				(4) the department shall prepare an estimate of the remaining liability of the
				insolvent exempt employer and the amount that may reasonably be expected to be
				recovered from such employer, its receiver or trustee in bankruptcy. Such
				estimates will be communicated to all exempt employers.
(6) All money due and payable to injured
				employees which remain unpaid shall be considered money payable during the
				following year in making estimates.
(7) All money recovered by the attorney
				general and paid into the fund shall be used in the payment of unpaid claims
				and shall be taken into account in making estimates and
				assessments.
Wisconsin Administrative Code › Department of Workforce Development › DWD 80-81 - Worker's Compensation › Chapter DWD 80 - Worker's Compensation › Section DWD 80.41 - Computation of monthly salary and reimbursement to retirement fund under s.66.191, 1981 Stats

Current through June 24, 2024
(1) Fringe benefits shall not be included in
				the computation of salary, earnings or wages under s. 66.191, 1981 Stats.,
				unless such benefits are income for Wisconsin income tax purposes.
(2) An eligible employee under s. 66.191,
				1981 Stats., shall file with the department before an award is entered, as
				provided in s. 66.191, 1981 Stats., a waiver of disability annuity payments
				which may be due under s.
				40.63,
				Stats., and further shall consent to reimbursement to the Wisconsin retirement
				fund of all disability benefits recovered under the provisions of s.
				40.63,
				Stats.
1983 Wis. Act 191 repealed s. 66.191, 1981 Stats. However,
					 people are still receiving benefits under this statute.
Wisconsin Administrative Code › Department of Workforce Development › DWD 80-81 - Worker's Compensation › Chapter DWD 80 - Worker's Compensation › Section DWD 80.42 - Vocational rehabilitation; reporting requirement

Current through June 24, 2024
In order to determine whether or not an employee should be
				  referred to the division of vocational rehabilitation for services, the
				  self-insured employer or insurance carrier shall notify the department whenever
				  temporary total disability will exceed 13 weeks. This report shall be made
				  within 13 weeks from the date of the initial disability or when such disability
				  can be determined, whichever is earlier, and shall include a current
				  practitioner's report.
Wisconsin Administrative Code › Department of Workforce Development › DWD 80-81 - Worker's Compensation › Chapter DWD 80 - Worker's Compensation › Section DWD 80.43 - Fees and costs

Current through June 24, 2024
Section
				  102.26, Stats.,
				  provides for a maximum attorney's fee of 20% of the amount in dispute. Section
				  102.26(3),
				  Stats., places upon the department the responsibilities for fixing the fee and
				  providing for the direct payment of the fee. In the exercise of this
				  responsibility, the department shall take into account the following
				  considerations:
(1) The department
				shall balance the need to preserve the maximum amount of benefits for the
				injured employee and the need for fees which are sufficient to insure adequate
				representation for claimants under ch. 102, Stats.
(2) Fees shall not be allowed on medical
				expenses to the extent that other sources, such as group insurance, are
				available to pay such expenses.
(3)
				Fees for permanent total disability shall not be allowed on compensation awards
				due beyond 500 weeks.
(4) The
				existence of a dispute under s.
				102.26(2),
				Stats., is dependent upon a disagreement after the employer or insurer has had
				adequate time and information to take a position on liability. Neither the
				holding of a hearing nor the filing of an application for a hearing alone may
				determine the existence of a dispute. However, a finding that a dispute exists
				shall not be precluded by an employer's or insurer's purposeful inactivity on
				the issue of liability.
(5) Where
				representation is the result of the representative's employment by an insurance
				carrier, an employer, a union, a social service agency or a public agency, the
				representative may not charge a fee on a contingency basis.
(6) Where there has been successive
				representation by various representatives, the division of fees by the
				department shall take into account the relative value of the services performed
				by each representative, any concessions of disability, offers of settlement and
				other matters.
(7) Where a claimant
				appears by an attorney of record any fee shall be payable to such attorney
				regardless of the cooperation or involvement of agents or other non-attorneys.
				The division of such fee with agents or other non-attorneys shall be at the
				discretion of the attorney of record. If there is disagreement among successive
				attorneys the department will make appropriate apportionment of any or all fees
				for services.
Wisconsin Administrative Code › Department of Workforce Development › DWD 80-81 - Worker's Compensation › Chapter DWD 80 - Worker's Compensation › Section DWD 80.46 - Contribution to support of unestranged surviving parent

Current through June 24, 2024
In assessing support under s.
				  102.48,
				  Stats., the payment of room and board by a child to his or her parent shall not
				  be considered as contribution to support of the parent.
Wisconsin Administrative Code › Department of Workforce Development › DWD 80-81 - Worker's Compensation › Chapter DWD 80 - Worker's Compensation › Section DWD 80.47 - Medical release of employee for restricted work in the healing period

Current through June 24, 2024
Even though an employee could return to a restricted type of
				  work during the healing period, unless suitable employment within the physical
				  and mental limitations of the employee is furnished by the employer or some
				  other employer, compensation for temporary disability shall continue during the
				  healing period.
Wisconsin Administrative Code › Department of Workforce Development › DWD 80-81 - Worker's Compensation › Chapter DWD 80 - Worker's Compensation › Section DWD 80.48 - Reassignment of death benefits

Current through June 24, 2024
When a spouse who is entitled to death benefits remarries,
				  the department shall reassign the death benefits to the children designated in
				  ss.
				  102.51(1)
				  and
				  102.49,
				  Stats., unless a showing is made that undue hardship would result for the
				  spouse because of the reassignment.
Wisconsin Administrative Code › Department of Workforce Development › DWD 80-81 - Worker's Compensation › Chapter DWD 80 - Worker's Compensation › Section DWD 80.49 - Vocational rehabilitation benefits

Current through June 24, 2024
(1) PURPOSE. The
				primary purpose of vocational rehabilitation benefits is to provide a method to
				restore an injured worker as nearly as possible to the worker's preinjury
				earning capacity and potential.
(2)
				ELIGIBILITY. The determination of eligibility for vocational rehabilitation
				training and whether a person is a suitable subject for training is the
				responsibility of the division of vocational rehabilitation. If the division of
				vocational rehabilitation determines that an employee is eligible to receive
				services under 29 USC
				701 to
				797b, but that the division of
				vocational rehabilitation cannot provide those services for the employee, the
				employee may select a private rehabilitation specialist certified by the
				department to determine whether the employee can return to suitable employment
				without rehabilitative training and whether rehabilitative training is
				necessary to develop a retraining program to restore as nearly as possible the
				employee to his or her preinjury earning capacity and potential.
(3) 80-WEEK RULE. Extension of vocational
				rehabilitation benefits beyond 80 weeks may not be authorized pursuant to s.
				102.61(1) or
				(1m), Stats., if the primary purpose of
				further training is to improve upon preinjury earning capacity rather than
				restoring it.
(4) DEFINITIONS. In
				subs. (4) to (11), all of the following definitions apply:
(a) "IPE" means an individualized plan for
				employment developed by a specialist which identifies the vocational goal of a
				retraining program, the intermediate objectives to reach that goal and the
				methods by which progress will be measured.
(b) "Retraining program" means a course of
				instruction on a regular basis which provides an employee with marketable job
				skills or enhances existing job skills to make them marketable.
(c) "Specialist" means a person certified by
				the department to provide vocational rehabilitation services to injured
				employees under s. 102.61(1m),
				Stats.
(d) Except as provided in
				sub. (5), "suitable employment" means a job within the employee's permanent
				work restrictions for which the employee has the necessary physical capacity,
				knowledge, transferable skills and ability and which pays at least 85 percent
				of the employee's preinjury average weekly wage.
Wisconsin Administrative Code › Department of Workforce Development › DWD 80-81 - Worker's Compensation › Chapter DWD 80 - Worker's Compensation › Section DWD 80.50 - Computation of permanent disabilities

Current through June 24, 2024
(1) In computing
				permanent partial disabilities, the number of weeks attributable to more distal
				disabilities shall be deducted from the number of weeks in the schedule for
				more proximal disabilities before applying the percentage of disability for the
				more proximal injury, except that:
(a) Such a
				deduction shall not include multiple injury factors under s.
				102.53,
				Stats., and the dominant hand increase under s.
				102.54,
				Stats.; and
(b) Such a deduction
				shall include preexisting disabilities.
Wisconsin Administrative Code › Department of Workforce Development › DWD 80-81 - Worker's Compensation › Chapter DWD 80 - Worker's Compensation › Section DWD 80.51 - Computation of weekly wage

Current through June 24, 2024
Pursuant to s.
				  102.11, Stats.
(1) In determining daily earnings, if the
				number of hours a full-time employee worked had been either decreased or
				increased for a period of at least 90 total days prior to the injury, then this
				revised schedule worked during those 90 days shall be considered to be normal
				full-time employment.
(2) When an
				employee furnishes his or her truck to the employer and is paid by the employer
				in gross to include operating expenses, one-third of that gross sum is
				considered as wages except as a showing is made to the contrary.
(3) Prisoners injured in prison industries
				are considered to be earning the maximum average weekly earnings under the
				provisions of s. 102.11, Stats., except as a
				showing is made to the contrary.
(4) The 24-hour minimum workweek under s.
				102.11(1) (f)
				1, 2019 Stats., does not apply to a part-time
				employee unless the employee is a member of a regularly scheduled class of
				part-time employees. In all other cases part-time employment is on the basis of
				normal full-time employment in such job. However, this subsection does not
				apply to part-time employees described in s.
				102.11(1) (f),
				Stats., who restrict availability on the labor market. As to the employees so
				described, those wages will be expanded to the normal part-time or full-time
				wages unless the employer or insurance company complies with s. DWD 80.02 (2)
				(d). This subsection does not apply to employees who are injured on or after
				April 10, 2022.
(5) Computation of
				the weekly wage for an employee who is injured while employed at part-time
				employment shall be made pursuant to s.
				102.11(1) (ap),
				Stats. This subsection applies to employees who are injured on or after April
				10, 2022.
Wisconsin Administrative Code › Department of Workforce Development › DWD 80-81 - Worker's Compensation › Chapter DWD 80 - Worker's Compensation › Section DWD 80.52 - Payment of permanent disability where the degree of permanency is disputed

Current through June 24, 2024
Where injury is conceded, but the employer or the employer's
				  insurer disputes the extent of permanent disability, payment of permanent
				  disability shall begin with the later of sub. (1) or (2):
(1) Within 30 days of a report that provides
				the permanent disability rating, in the amount of the permanency set forth in
				the report; or
(2) Within 30 days
				after the employer or insurer receives a report from an examination performed
				under s.
				102.13(1)
				(a), Stats., in the amount of the permanent
				disability found as a result of that medical examination, if any. If such an
				examination had not previously been performed, the employer or employer's
				insurer must give notice of a request for such an examination within 30 days of
				receiving a report that establishes the permanent disability under sub. (1). If
				a report from the examination is not available within 90 days of the request
				for the examination, the employer and insurer shall begin payment of the
				permanent disability set forth in the report under sub.
				(1).
Wisconsin Administrative Code › Department of Workforce Development › DWD 80-81 - Worker's Compensation › Chapter DWD 80 - Worker's Compensation › Section DWD 80.60 - Exemption from duty to insure (self-insurance)

Current through June 24, 2024
(1) DEFINITIONS. In
				this section:
(a) "Applicant" means a business
				entity applying for self-insurance.
(b) "Divided-insurance" means consent to the
				issuance of 2 or more policies, as provided in s.
				102.31(1),
				Stats.
(c) "Employer" means a
				business entity or its parent guaranteeing payments.
(d) "Excess insurance" means catastrophic
				insurance for employers granted self-insurance, and is not full-insurance,
				self-insurance, partial-insurance or divided-insurance.
(e) "Full-insurance" means the insurance of
				all liability by one policy, as required in s.
				102.31(1)
				(a), Stats.
(f) "Partial-insurance" means self-insurance
				of a part of the liability and consent to the issuance of one or more policies
				on the remainder of the liability, as provided in ss.
				102.28(2)
				(b) and
				102.31(1),
				Stats.
(g) "Self-insurance" means
				exemption from the duty to insure, as provided in s.
				102.28(2)
				(b), Stats.
Wisconsin Administrative Code › Department of Workforce Development › DWD 80-81 - Worker's Compensation › Chapter DWD 80 - Worker's Compensation › Section DWD 80.61 - Divided-insurance and partial-insurance requirements under s. 102.31 (1) and (6), for all employers, including contractors working on a wrap-up project

Current through June 24, 2024
(1) DEFINITIONS. In this section:
(a) "Divided-insurance" means consent to the
				issuance of 2 or more policies, as provided in s.
				102.31(1),
				Stats.
(b) "Partial-insurance"
				means self-insurance of a part of the liability and consent to the issuance of
				one or more policies on the remainder of the liability, as provided in ss.
				102.28(2)
				(b) and
				102.31(1),
				Stats.