Updated 2019−20 Wis. Stats. Published and certified under s. 35.18. September 17, 2021. 1 Updated 19−20 Wis. Stats. WORKER'S COMPENSATION 102.01 CHAPTER 102 WORKER’S COMPENSATION 102.01 Definitions. 102.40 Reports not evidence in actions. 102.03 Conditions of liability. 102.42 Incidental compensation. 102.04 Definition of employer. 102.425 Prescription and nonprescription drug treatment. 102.05 Election by employer, withdrawal. 102.43 Weekly compensation schedule. 102.06 Joint liability of employer and contractor. 102.44 Maximum limitations. 102.07 Employee defined. 102.45 Benefits payable to minors; how paid. 102.075 Election by sole proprietor, partner or member. 102.46 Death benefit. 102.076 Election by corporate officer. 102.47 Death benefit, continued. 102.077 Election by school district or private school. 102.475 Death benefit; law enforcement and correctional officers, fire fighters, res- 102.078 Election by real estate firm. cue squad members, diving team members, national or state guard mem- 102.08 Administration for state employees. bers and emergency management personnel. 102.11 Earnings, method of computation. 102.48 Death benefit, continued. 102.12 Notice of injury, exception, laches. 102.49 Additional death benefit for children, state fund. 102.123 Statement of employee. 102.50 Burial expenses. 102.125 Fraud reporting, investigation, and prosecution. 102.51 Dependents. 102.13 Examination; competent witnesses; exclusion of evidence; autopsy. 102.52 Permanent partial disability schedule. 102.14 Jurisdiction of department and division; advisory committee. 102.53 Multiple injury variations. 102.15 Rules of procedure; transcripts. 102.54 Injury to dominant hand. 102.16 Submission of disputes, contributions by employees. 102.55 Application of schedules. 102.17 Procedure; notice of hearing; witnesses, contempt; testimony, medical 102.555 Occupational deafness; definitions. examination. 102.56 Disfigurement. 102.175 Apportionment of liability. 102.565 Toxic or hazardous exposure; medical examination; conditions of liability. 102.18 Findings, orders and awards. 102.57 Violations of safety provisions, penalty. 102.19 Alien dependents; payments through consular officers. 102.195 Employees confined in institutions; payment of benefits. 102.58 Decreased compensation. 102.20 Judgment on award. 102.59 Preexisting disability, indemnity. 102.21 Payment of awards by local governmental units. 102.60 Minor illegally employed. 102.22 Penalty for delayed payments; interest. 102.61 Indemnity under rehabilitation law. 102.23 Judicial review. 102.62 Primary and secondary liability; unchangeable. 102.24 Remanding record. 102.63 Refunds by state. 102.25 Appeal from judgment on award. 102.64 Attorney general shall represent state and commission. 102.26 Fees and costs. 102.65 Work injury supplemental benefit fund. 102.27 Claims and awards protected; exceptions. 102.66 Payment of certain barred claims. 102.28 Preference of claims; worker’s compensation insurance. 102.75 Administrative expenses. 102.29 Third party liability. 102.80 Uninsured employers fund. 102.30 Other insurance not affected; liability of insured employer. 102.81 Compensation for injured employee of uninsured employer. 102.31 Worker’s compensation insurance; policy regulations. 102.82 Uninsured employer payments. 102.315 Worker’s compensation insurance; employee leasing companies. 102.83 Collection of uninsured employer payments. 102.32 Continuing liability; guarantee settlement, gross payment. 102.835 Levy for delinquent payments. 102.33 Forms and records; public access. 102.84 Preference of required payments. 102.35 Penalties. 102.85 Uninsured employers; penalties. 102.37 Employers’ records. 102.87 Citation procedure. 102.38 Records and reports of payments. 102.88 Penalties; repeaters. 102.39 Rules and general orders; application of statutes. 102.89 Parties to a violation. Cross−reference: See also ch. DWD 80, Wis. adm. code. aids and eyeglasses, but, in the case of hearing aids or eyeglasses, only if such damage or destruction resulted from accident which 102.01 Definitions. (1) This chapter may be referred to as also caused personal injury entitling the employee to compensa- the “Worker’s Compensation Act” and allowances, recoveries tion therefor either for disability or treatment. and liabilities under this chapter constitute “Worker’s Compensa- tion”. (d) “Local governmental unit” means a political subdivision of this state; a special purpose district or taxing jurisdiction, as (2) In this chapter: defined in s. 70.114 (1) (f), in this state; an instrumentality, corpo- (ad) “Administrator” means the administrator of the division ration, combination, or subunit of any of the foregoing; or any of hearings and appeals in the department of administration. other public or quasi−public corporation. (af) “Commission” means the labor and industry review com- (dm) “Order” means any decision, rule, regulation, direction, mission. requirement, or standard of the department or the division, or any (ag) “Commissioner” means a member of the commission. other determination arrived at or decision made by the department (am) “Compensation” means worker’s compensation. or the division. (ap) “Department” means the department of workforce devel- (e) “Primary compensation and death benefit” means com- opment. pensation or indemnity for disability or death benefit, other than (ar) “Division” means the division of hearings and appeals in increased, double or treble compensation or death benefit. the department of administration. (eg) “Religious sect” means a religious body of persons, or a (bm) “General order” means such order as applies generally division of a religious body of persons, who unite in holding cer- throughout the state to all persons, employments, places of tain special doctrines or opinions concerning religion that distin- employment or public buildings, or all persons, employments or guish those persons from others holding the same general reli- places of employment or public buildings of a class under the gious beliefs. jurisdiction of the department. All other orders of the department (em) “Secretary” means the secretary of workforce develop- shall be considered special orders. ment. (c) “Injury” means mental or physical harm to an employee (f) “Temporary help agency” means an employer who places caused by accident or disease, and also means damage to or its employee with or leases its employees to another employer destruction of artificial members, dental appliances, teeth, hearing who controls the employee’s work activities and compensates the 2019−20 Wisconsin Statutes updated through 2021 Wis. Act 79 and through all Supreme Court and Controlled Substances Board Orders filed before and in effect on September 17, 2021. Published and certified under s. 35.18. Changes effective after September 17, 2021, are designated by NOTES. (Published 9−17−21) Updated 2019−20 Wis. Stats. Published and certified under s. 35.18. September 17, 2021. 102.01 WORKER'S COMPENSATION Updated 19−20 Wis. Stats. 2 first employer for the employee’s services, regardless of the dura- cue squad member, or diving team member while responding to tion of the services. a call for assistance, from the time of the call for assistance to the (g) Except as provided in s. 102.555 with respect to occupa- time of his or her return from responding to that call, including tional deafness, “time of injury”, “occurrence of injury”, or “date traveling to and from any place to respond to and return from that of injury” means: call, but excluding any deviations for private or personal pur- 1. In the case of accidental injury, the date of the accident poses; or any fire fighter or municipal utility employee responding which caused the injury. to a call for assistance outside the limits of his or her city or village, unless that response is in violation of law, is performing service 2. In the case of disease, the date of disability or, if that date growing out of and incidental to employment. occurs after the cessation of all employment that contributed to the disability, the last day of work for the last employer whose 3. An employee is not performing service growing out of and employment caused disability. incidental to his or her employment while going to or from employment in a private or group or employer−sponsored car (gm) “Wisconsin compensation rating bureau” means the pool, van pool, commuter bus service, or other ride−sharing pro- bureau provided for in s. 626.06. gram in which the employee participates voluntarily and the sole (h) “Uninsured employer” means an employer that is in viola- purpose of which is the mass transportation of employees to and tion of s. 102.28 (2). from employment. An employee is not performing service grow- (j) “Uninsured employers fund” means the fund established ing out of and incidental to employment while engaging in a pro- under s. 102.80 (1). gram, event, or activity designed to improve the physical well−be- (jm) “Uninsured employer surcharge” means the surcharge ing of the employee, whether or not the program, event, or activity under s. 102.85 (4). is located on the employer’s premises, if participation in the pro- (k) “Workweek” means a calendar week, starting on Sunday gram, event, or activity is voluntary and the employee receives no and ending on Saturday. compensation for participation. History: 1975 c. 147 ss. 7 to 13, 54; 1975 c. 200; 1979 c. 89, 278; 1981 c. 92; 1983 4. The premises of the employer include the premises of any a. 98, 189; 1985 a. 83; 1987 a. 179; 1989 a. 64; 1995 a. 27 ss. 3737 to 3741, 9130 (4); other person on whose premises the employee performs service. 1995 a. 117, 417; 1997 a. 3; 1999 a. 9, 14; 2001 a. 37; 2003 a. 139; 2007 a. 20; 2015 a. 55, 180. 5. To enhance the morale and efficiency of public employees In an occupational disease claim, the examiner may find the date of injury to be in this state and attract qualified personnel to the public service, other than the last day of work. Royal−Globe Insurance Co.