102.23 History
History: 1973 c. 150;
1975 c. 199; Sup. Ct. Order, 73 Wis. 2d xxxi (1976);
1977 c. 29;
1977 c. 187 ss.
59,
135;
1977 c. 195,
272,
447; Sup. Ct. Order, 83 Wis. 2d xiii (1978);
1979 c. 278;
1981 c. 390 s.
252;
1983 a. 98,
122,
538;
1985 a. 83;
1997 a. 187.
102.23 Note
Judicial Council Committee's Note, 1976: The procedure for initiating a petition for judicial review under ch. 102 is governed by the provisions of s. 102.23 rather than the provisions for initiating a civil action under s. 801.02. [Re Order effective Jan. 1, 1977]
102.23 Annotation
The fact that a party appealing from a DILHR order as to unemployment compensation labeled his petition "under 227.15, 1983 stats. [now 227.52]", is immaterial since the circuit court had subject matter jurisdiction. An answer by the department that s. 227.15, 1983 stats. [now 227.52] gave no jurisdiction amounted to an appearance and the department could not later claim that the court had no personal jurisdiction because appellant had not served a summons and complaint. Lees v. DILHR,
49 Wis. 2d 491,
182 N.W.2d 245.
102.23 Annotation
A finding of fact, whether ultimate or evidentiary, is still in its essential nature a fact, whereas a conclusion of law accepts those facts and, by judicial reasoning, results from the application of rules or concepts of law to those facts whether undisputed or not. Kress Packing Co. v. Kottwitz,
61 Wis. 2d 175,
212 N.W.2d 97.
102.23 Annotation
Challenge to the constitutionality of (1) is not sustained, since it is manifest from the statute that the legislature intended to have the department be the real party in interest and not a mere nominal party. Hunter v. DILHR,
64 Wis. 2d 97,
218 N.W.2d 314.
102.23 Annotation
When the claimant timely appealed an adverse worker's compensation decision in good faith, but erroneously captioned the appeal papers, the trial court abused its discretion by dismissing the action. Cruz v. DILHR,
81 Wis. 2d 442,
260 N.W.2d 692.
102.23 Annotation
An employer whose unemployment compensation account is not affected by the commission's determination has no standing to seek judicial review. Cornwell Personnel Associates v. ILHR Dept.
92 Wis. 2d 53,
284 N.W.2d 706 (Ct. App. 1979).
102.23 Annotation
Two methods of analyzing an agency's mixed conclusions of law and finding of fact are discussed. United Way of Greater Milwaukee v. DILHR,
105 Wis. 2d 447,
313 N.W.2d 858 (Ct. App. 1981).
102.23 Annotation
A failure to properly serve the commission pursuant to sub. (1) (b) results in a jurisdictional defect rather than a mere technical error. Gomez v. LIRC,
153 Wis. 2d 686,
451 N.W.2d 475 (Ct. App. 1989).
102.23 Annotation
Discretionary reversal is not applicable to judicial review of LIRC orders under the Worker's Compensation Act, ch. 102. There is no power to reopen a matter that has been fully determined under the Act. Kwaterski v. LIRC,
158 Wis. 2d 112,
462 N.W.2d 534 (Ct. App. 1990).
102.23 Annotation
A LIRC decision is to be upheld unless it directly contravenes the words of the statute, is clearly contrary to legislative intent, or is otherwise without a rational basis. Wisconsin Electric Power Co. v. LIRC,
226 Wis. 2d 778,
595 N.W.2d 23 (1999).
102.23 Annotation
An appeal under s. 102.16 (2m) (e) of a department determination may be served under sub. (1) (b) on the department or the commission. McDonnough v. Department of Workforce Development,
227 Wis. 2d 271,
595 N.W.2d 686 (1999).
102.23 Annotation
Judicial review of workmen's compensation cases. Haferman, 1973 WLR 576.
102.24
102.24
Remanding record. 102.24(1)(1) Upon the setting aside of any order or award, the court may recommit the controversy and remand the record in the case to the commission for further hearing or proceedings, or it may enter the proper judgment upon the findings of the commission, as the nature of the case shall demand. An abstract of the judgment entered by the trial court upon the review of any order or award shall be made by the clerk of circuit court upon the judgment and lien docket entry of any judgment which may have been rendered upon the order or award. Transcripts of the abstract may be obtained for like entry upon the judgment and lien dockets of the courts of other counties.
102.24(2)
(2) After the commencement of an action to review any award of the commission the parties may have the record remanded by the court for such time and under such condition as they may provide, for the purpose of having the department act upon the question of approving or disapproving any settlement or compromise that the parties may desire to have so approved. If approved the action shall be at an end and judgment may be entered upon the approval as upon an award. If not approved the record shall forthwith be returned to the circuit court and the action shall proceed as if no remand had been made.
102.25
102.25
Appeal from judgment on award. 102.25(1)
(1) Any party aggrieved by a judgment entered upon the review of any order or award may appeal therefrom within the time period specified in
s. 808.04 (1). A trial court shall not require the commission or any party to the action to execute, serve or file an undertaking under
s. 808.07 or to serve, or secure approval of, a transcript of the notes of the stenographic reporter or the tape of the recording machine. The state is a party aggrieved under this subsection if a judgment is entered upon the review confirming any order or award against it. At any time before the case is set down for hearing in the court of appeals or the supreme court, the parties may have the record remanded by the court to the department in the same manner and for the same purposes as provided for remanding from the circuit court to the department under
s. 102.24 (2).
102.25(2)
(2) It shall be the duty of the clerk of any court rendering a decision affecting an award of the commission to promptly furnish the commission with a copy of such decision without charge.
102.25 History
History: 1971 c. 148; Sup. Ct. Order,
67 Wis. 2d 585, 774 (1975);
1977 c. 29,
187,
195,
418;
1979 c. 278;
1983 a. 219.
102.25 Note
Judicial Council Note, 1983: Sub. (1) is amended to replace the appeal deadline of 30 days after service of notice of entry of judgment or award by the standard time specified in s. 808.04 (1), stats., for greater uniformity. The subsection is further amended to eliminate the superfluous provisions for calendaring and hearing the appeal. [Bill 151-S]
102.25 Annotation
A court order setting aside an administrative order and remanding the case to the administrative agency disposed of the entire matter in litigation and was appealable as of right. Bearns v. DILHR,
102 Wis. 2d 70,
306 N.W.2d 22 (1981).
102.26(1)(1) No fees may be charged by the clerk of any circuit court for the performance of any service required by this chapter, except for the entry of judgments and certified transcripts of judgments. In proceedings to review an order or award, costs as between the parties shall be in the discretion of the court, but no costs may be taxed against the commission.
102.26(2)
(2) Unless previously authorized by the department, no fee may be charged or received for the enforcement or collection of any claim for compensation, nor may any contract therefor be enforceable where such fee, inclusive of all taxable attorney fees paid or agreed to be paid for such enforcement or collection, exceeds 20% of the amount at which such claim is compromised or of the amount awarded, adjudged or collected, except that in cases of admitted liability where there is no dispute as to amount of compensation due and in which no hearing or appeal is necessary, the fee charged shall not exceed 10% but not to exceed $100, of the amount at which such claim is compromised or of the amount awarded, adjudged or collected. The limitation as to fees shall apply to the combined charges of attorneys, solicitors, representatives and adjusters who knowingly combine their efforts toward the enforcement or collection of any compensation claim.
102.26(3)(a)(a) Except as provided in
par. (b), compensation exceeding $100 in favor of any claimant shall be made payable to and delivered directly to the claimant in person.
102.26(3)(b)1.1. The department may upon application of any interested party and subject to
sub. (2) fix the fee of the claimant's attorney or representative and provide in the award for that fee to be paid directly to the attorney or representative.
102.26(3)(b)2.
2. At the request of the claimant medical expense, witness fees and other charges associated with the claim may be ordered paid out of the amount awarded.
102.26(3)(c)
(c) Payment according to the directions of the award shall protect the employer and the employer's insurer, or the uninsured employers fund if applicable, from any claim of attorney's lien.
102.26(4)
(4) The charging or receiving of any fee in violation of this section shall be unlawful, and the attorney or other person guilty thereof shall forfeit double the amount retained by the attorney or other person, the same to be collected by the state in an action in debt, upon complaint of the department. Out of the sum recovered the court shall direct payment to the injured party of the amount of the overcharge.
102.26 Annotation
The only fee authorized to be paid to any clerk of court under sub. (1) is the fee under s. 814.61 (5), when applicable.
76 Atty. Gen. 148.
102.27
102.27
Claims and awards protected; exceptions. 102.27(1)(1) Except as provided in
sub. (2), no claim for compensation shall be assignable, but this provision shall not affect the survival thereof; nor shall any claim for compensation, or compensation awarded, or paid, be taken for the debts of the party entitled thereto.
102.27(2)(b)
(b) If a governmental unit provides public assistance under
ch. 49 to pay medical costs or living expenses related to a claim under this chapter, the employer or insurance carrier owing compensation shall reimburse that governmental unit any compensation awarded or paid if the governmental unit has given the parties to the claim written notice stating that it provided the assistance and the cost of the assistance provided. Reimbursement shall equal the lesser of either the amount of assistance the governmental unit provided or two-thirds of the amount of the award or payment remaining after deduction of attorney fees and any other fees or costs chargeable under
ch. 102. The department shall comply with this paragraph when making payments under
s. 102.81.
102.28
102.28
Preference of claims; worker's compensation insurance. 102.28(1)(1)
Preference. The whole claim for compensation for the injury or death of any employee or any award or judgment thereon, and any claim for unpaid compensation insurance premiums are entitled to preference in bankruptcy or insolvency proceedings as is given creditors' actions except as denied or limited by any law of this state or by the federal bankruptcy act, but this section shall not impair the lien of any judgment entered upon any award.
102.28(2)
(2) Required insurance; exceptions. 102.28(2)(a)(a)
Duty to insure payment for compensation. Unless exempted by the department under
par. (b) or
sub. (3), every employer, as described in
s. 102.04 (1), shall insure payment for that compensation in an insurer authorized to do business in this state. A joint venture may elect to be an employer under this chapter and obtain insurance for payment of compensation. If a joint venture that is subject to this chapter only because the joint venture elected to be an employer under this chapter is dissolved and cancels or terminates its contract for the insurance of compensation under this chapter, that joint venture is deemed to have effected withdrawal, which shall be effective on the day after the contract is canceled or terminated.
102.28(2)(b)
(b)
Exemption from duty to insure. The department may grant a written order of exemption to an employer who shows its financial ability to pay the amount of compensation, agrees to report faithfully all compensable injuries and agrees to comply with this chapter and the rules of the department. The department may condition the granting of an exemption upon the employer's furnishing of satisfactory security to guarantee payment of all claims under compensation. The department may require that bonds or other personal guarantees be enforceable against sureties in the same manner as an award may be enforced. The department may from time to time require proof of financial ability of the employer to pay compensation. Any exemption shall be void if the application for it contains a financial statement which is false in any material respect. An employer who files an application containing a false financial statement remains subject to
par. (a). The department may promulgate rules establishing an amount to be charged to an initial applicant for exemption under this paragraph and an annual amount to be charged to employers that have been exempted under this paragraph.
102.28(2)(c)
(c)
Revocation of exemption. The department, after seeking the advice of the self-insurers council, may revoke an exemption granted to an employer under
par. (b), upon giving the employer 10 days' written notice, if the department finds that the employer's financial condition is inadequate to pay its employees' claims for compensation, that the employer has received an excessive number of claims for compensation or that the employer has failed to discharge faithfully its obligations according to the agreement contained in the application for exemption. The employer may, within 10 days after receipt of the notice of revocation, request in writing a review of the revocation by the secretary or the secretary's designee and the secretary or the secretary's designee shall review the revocation within 30 days after receipt of the request for review. If the employer is aggrieved by the determination of the secretary or the secretary's designee, the employer may, within 10 days after receipt of notice of that determination, request a hearing under
s. 102.17. If the secretary or the secretary's designee determines that the employer's exemption should be revoked, the employer shall obtain insurance coverage as required under
par. (a) immediately upon receipt of notice of that determination and, notwithstanding the pendency of proceedings under
ss. 102.17 to
102.25, shall keep that coverage in force until another exemption under
par. (b) is granted.
102.28(2)(d)
(d)
Effect of insuring with unauthorized insurer. An employer who procures an exemption under
par. (b) and thereafter enters into any agreement for excess insurance coverage with an insurer not authorized to do business in this state shall report that agreement to the department immediately. The placing of such coverage shall not by itself be grounds for revocation of the exemption.
102.28(3)
(3) Provision of alternative benefits. 102.28(3)(a)(a) An employer may file with the department an application for exemption from the duty to pay compensation under this chapter with respect to any employee who signs the waiver described in
subd. 1. and the affidavit described in
subd. 2. if an authorized representative of the religious sect to which the employee belongs signs the affidavit specified in
subd. 3. and the agreement described in
subd. 4. An application for exemption under this paragraph shall include all of the following:
102.28(3)(a)1.
1. A written waiver by the employee or, if the employee is a minor, by the employee and his or her parent or guardian of all compensation under this chapter other than the alternative benefits provided under
par. (c).
102.28(3)(a)2.
2. An affidavit by the employee or, if the employee is a minor, by the employee and his or her parent or guardian stating that the employee is a member of a recognized religious sect and that, as a result of the employee's adherence to the established tenets or teachings of the religious sect, the employee is conscientiously opposed to accepting the benefits of any public or private insurance that makes payments in the event of death, disability, old age or retirement, or that makes payments toward the cost of or provides medical care, including any benefits provided under the federal social security act,
42 USC 301 to
1397f.
102.28(3)(a)3.
3. An affidavit by an authorized representative of the religious sect to which the employee belongs stating that the religious sect has a long-standing history of providing its members who become dependent on the support of the religious sect as a result of work-related injuries, and the dependents of those members, with a standard of living and medical treatment that are reasonable when compared to the general standard of living and medical treatment for members of the religious sect.
102.28(3)(a)4.
4. An agreement signed by an authorized representative of the religious sect to which the employee belongs to provide the financial and medical assistance described in
subd. 3. to the employee and to the employee's dependents if the employee sustains an injury which, but for the waiver under
subd. 1., the employer would be liable for under
s. 102.03.
102.28(3)(b)
(b) The department shall approve an application under
par. (a) if the department determines that all of the following conditions are satisfied:
102.28(3)(b)1.
1. The employee has waived all compensation under this chapter other than the alternative benefits provided under
par. (c).
102.28(3)(b)2.
2. The employee is a member of a religious sect whose established tenets or teachings oppose accepting the benefits of insurance as described in
par. (a) 2. and that, as a result of adherence to those tenets or teachings, the employee conscientiously opposes accepting those benefits.
102.28(3)(b)3.
3. The religious sect to which the employee belongs has a long-established history of providing its members who become dependent on the religious sect as a result of work-related injuries, and the dependents of those members, with a standard of living and medical treatment that are reasonable when compared to the general standard of living and medical treatment for members of the religious sect. In determining whether the religious sect has a long-standing history of providing the financial and medical assistance described in this subdivision, the department shall presume that a 25-year history of providing that financial and medical assistance is long-standing for purposes of this subdivision.
102.28(3)(b)4.
4. The religious sect to which the employee belongs has agreed to provide the financial and medical assistance described in
subd. 3. to the employee and to the dependents of the employee if the employee sustains an injury that, but for the waiver under
par. (a) 1., the employer would be liable for under
s. 102.03.
102.28(3)(c)
(c) An employee who has signed a waiver under
par. (a) 1. and an affidavit under
par. (a) 2., who sustains an injury that, but for that waiver, the employer would be liable for under
s. 102.03, who at the time of the injury was a member of a religious sect whose authorized representative has filed an affidavit under
par. (a) 3. and an agreement under
par. (a) 4. and who as a result of the injury becomes dependent on the religious sect for financial and medical assistance, or the employee's dependent, may request a hearing under
s. 102.17 (1) to determine if the religious sect has provided the employee and his or her dependents with a standard of living and medical treatment that are reasonable when compared to the general standard of living and medical treatment for members of the religious sect. If, after hearing, the department determines that the religious sect has not provided that standard of living or medical treatment, or both, the department may order the religious sect to provide alternative benefits to that employee or his or her dependent, or both, in an amount that is reasonable under the circumstances, but not in excess of the benefits that the employee or dependent could have received under this chapter but for the waiver under
par. (a) 1.
102.28(3)(d)
(d) The department shall provide a form for the application for exemption of an employer under
par. (a) (intro.), the waiver and affidavit of an employee under
par. (a) 1. and
2., the affidavit of a religious sect under
par. (a) 3. and the agreement of a religious sect under
par. (a) 4. A properly completed form is prima facie evidence of satisfaction of the conditions under
par. (b) as to the matter contained in the form.
102.28(4)(a)(a) When the department discovers an uninsured employer, the department may order the employer to cease operations until the employer complies with
sub. (2).
102.28(4)(b)
(b) If the department believes that an employer may be an uninsured employer, the department shall notify the employer of the alleged violation of
sub. (2) and the possibility of closure under this subsection. The employer may request and shall receive a hearing under
s. 102.17 on the matter if the employer applies for a hearing within 10 days after the notice of the alleged violation is served.
102.28(4)(c)
(c) After a hearing under
par. (b), or without a hearing if one is not requested, the department may issue an order to an employer to cease operations on a finding that the employer is an uninsured employer.
102.28(4)(d)
(d) The department of justice may bring an action in any court of competent jurisdiction for an injunction or other remedy to enforce the department's order to cease operations under
par. (c).
102.28(5)
(5) Employer's liability. If compensation is awarded under this chapter, against any employer who at the time of the accident has not complied with
sub. (2), such employer shall not be entitled as to such award or any judgment entered thereon, to any of the exemptions of property from seizure and sale on execution allowed in
ss. 815.18 to
815.21. If such employer is a corporation, the officers and directors thereof shall be individually and jointly and severally liable for any portion of any such judgment as is returned unsatisfied after execution against the corporation.
102.28(6)
(6) Reports by employer. Every employer shall upon request of the department report to it the number of employees and the nature of their work and also the name of the insurance company with whom the employer has insured liability under this chapter and the number and date of expiration of such policy. Failure to furnish such report within 10 days from the making of a request by certified mail shall constitute presumptive evidence that the delinquent employer is violating
sub. (2).
102.28(7)
(7) Insolvent employers; assessments. 102.28(7)(a)(a) If an employer who is currently or was formerly exempted by written order of the department under
sub. (2) is unable to pay an award, judgment is rendered in accordance with
s. 102.20 against that employer and execution is levied and returned unsatisfied in whole or in part, payments for the employer's liability shall be made from the fund established under
sub. (8). If a currently or formerly exempted employer files for bankruptcy and not less than 60 days after that filing the department has reason to believe that compensation payments due are not being paid, the department in its discretion may make payment for the employer's liability from the fund established under
sub. (8). The state treasurer shall proceed to recover such payments from the employer or the employer's receiver or trustee in bankruptcy, and may commence an action or proceeding or file a claim therefor. The attorney general shall appear on behalf of the state treasurer in any such action or proceeding. All moneys recovered in any such action or proceeding shall be paid into the fund established under
sub. (8).
102.28(7)(b)
(b) Each employer exempted by written order of the department under
sub. (2) shall pay into the fund established by
sub. (8) a sum equal to that assessed against each of the other such exempt employers upon the issuance of an initial order. The order shall provide for a sum sufficient to secure estimated payments of the insolvent exempt employer due for the period up to the date of the order and for one year following the date of the order and to pay the estimated cost of insurance carrier or insurance service organization services under
par. (c). Payments ordered to be made to the fund shall be paid to the department within 30 days. If additional moneys are required, further assessments shall be made based on orders of the department with assessment prorated on the basis of the gross payroll for this state of the exempt employer, reported to the department for the previous calendar year for unemployment insurance purposes under
ch. 108. If the exempt employer is not covered under
ch. 108, then the department shall determine the comparable gross payroll for the exempt employer. If payment of any assessment made under this subsection is not made within 30 days of the order of the department, the attorney general may appear on behalf of the state to collect the assessment.
102.28(7)(c)
(c) The department may retain an insurance carrier or insurance service organization to process, investigate and pay valid claims. The charge for such service shall be paid from the fund as provided under
par. (b).
102.28(8)
(8) Self-insured employers liability fund. The moneys paid into the state treasury under
sub. (7), together with all accrued interest, shall constitute the "self-insured employers liability fund".
102.28 Annotation
The "insure payment" requirement of sub. (2) (a) requires an employer to provide coverage for every employee in all possible employment situations. Substantial compliance with sub. (2) (a) is not sufficient. This provision does not violate due process. State v. Koch,
195 Wis. 2d 801,
537 N.W.2d 39 (Ct. App. 1995).
102.29
102.29
Third party liability. 102.29(1)
(1) The making of a claim for compensation against an employer or compensation insurer for the injury or death of an employee shall not affect the right of the employee, the employee's personal representative, or other person entitled to bring action, to make claim or maintain an action in tort against any other party for such injury or death, hereinafter referred to as a 3rd party; nor shall the making of a claim by any such person against a 3rd party for damages by reason of an injury to which
ss. 102.03 to
102.64 are applicable, or the adjustment of any such claim, affect the right of the injured employee or the employee's dependents to recover compensation. The employer or compensation insurer who shall have paid or is obligated to pay a lawful claim under this chapter shall have the same right to make claim or maintain an action in tort against any other party for such injury or death. If the department pays or is obligated to pay a claim under
s. 102.81 (1), the department shall also have the right to maintain an action in tort against any other party for the employee's injury or death. However, each shall give to the other reasonable notice and opportunity to join in the making of such claim or the instituting of an action and to be represented by counsel. If a party entitled to notice cannot be found, the department shall become the agent of such party for the giving of a notice as required in this subsection and the notice, when given to the department, shall include an affidavit setting forth the facts, including the steps taken to locate such party. Each shall have an equal voice in the prosecution of said claim, and any disputes arising shall be passed upon by the court before whom the case is pending, and if no action is pending, then by a court of record or by the department. If notice is given as provided in this subsection, the liability of the tort-feasor shall be determined as to all parties having a right to make claim, and irrespective of whether or not all parties join in prosecuting such claim, the proceeds of such claim shall be divided as follows: After deducting the reasonable cost of collection, one-third of the remainder shall in any event be paid to the injured employee or the employee's personal representative or other person entitled to bring action. Out of the balance remaining, the employer, insurance carrier or, if applicable, uninsured employers fund shall be reimbursed for all payments made by it, or which it may be obligated to make in the future, under this chapter, except that it shall not be reimbursed for any payments of increased compensation made or to be made under
s. 102.18 (1) (bp),
102.22,
102.35 (3),
102.57 or
102.60. Any balance remaining shall be paid to the employee or the employee's personal representative or other person entitled to bring action. If both the employee or the employee's personal representative or other person entitled to bring action, and the employer, compensation insurer or department, join in the pressing of said claim and are represented by counsel, the attorneys' fees allowed as a part of the costs of collection shall be, unless otherwise agreed upon, divided between such attorneys as directed by the court or by the department. A settlement of any 3rd party claim shall be void unless said settlement and the distribution of the proceeds thereof is approved by the court before whom the action is pending and if no action is pending, then by a court of record or by the department.
102.29(2)
(2) In the case of liability of the employer or insurer to make payment into the state treasury under
s. 102.49 or
102.59, if the injury or death was due to the actionable act, neglect or default of a third party, the employer or insurer shall have a right of action against such third party to recover the sum so paid into the state treasury, which right may be enforced either by joining in the action mentioned in
sub. (1), or by independent action. Contributory negligence of the employee because of whose injury or death such payment was made shall bar recovery if such negligence was greater than the negligence of the person against whom recovery is sought, and the recovery allowed the employer or insurer shall be diminished in proportion to the amount of negligence attributable to such injured or deceased employee. Any action brought under this subsection may, upon order of the court, be consolidated and tried together with any action brought under
sub. (1).
102.29(3)
(3) Nothing in this chapter shall prevent an employee from taking the compensation he or she may be entitled to under it and also maintaining a civil action against any physician, chiropractor, psychologist, dentist or podiatrist for malpractice.
102.29(4)
(4) If the employer and the 3rd party are insured by the same insurer, or by the insurers who are under common control, the employer's insurer shall promptly notify the parties in interest and the department. If the employer has assumed the liability of the 3rd party, it shall give similar notice, in default of which any settlement with an injured employee or beneficiary is void. This subsection does not prevent the employer or compensation insurer from sharing in the proceeds of any 3rd party claim or action, as set forth in
sub. (1).
102.29(5)
(5) An insurer subject to
sub. (4) which fails to comply with the notice provision of that subsection and which fails to commence a 3rd party action, within the 3 years allowed by
s. 893.54, may not plead that
s. 893.54 is a bar in any action commenced by the injured employee under this section against any such 3rd party subsequent to 3 years from the date of injury, but prior to 6 years from such date of injury. Any recovery in such an action is limited to the insured liability of the 3rd party. In any such action commenced by the injured employee subsequent to the 3-year period, the insurer of the employer shall forfeit all right to participate in such action as a complainant and to recover any payments made under this chapter.
102.29(6)
(6) No employee of a temporary help agency who makes a claim for compensation may make a claim or maintain an action in tort against any employer who compensates the temporary help agency for the employee's services.
102.29(7)
(7) No employee who is loaned by his or her employer to another employer and who makes a claim for compensation under this chapter may make a claim or maintain an action in tort against the employer who accepted the loaned employee's services.
102.29(8)
(8) No student of a public school, as described in
s. 115.01 (1), or a private school, as defined in
s. 115.001 (3r), who is named under
s. 102.077 as an employee of the school district or private school for purposes of this chapter and who makes a claim for compensation under this chapter may make a claim or maintain an action in tort against the employer that provided the work training or work experience from which the claim arose. This subsection does not apply to injuries occurring after December 31, 2001.
102.29(8m)
(8m) No participant in a community service job under
s. 49.147 (4) or a transitional placement under
s. 49.147 (5) who, under
s. 49.147 (4) (c) or
(5) (c), is provided worker's compensation coverage by a Wisconsin works agency, as defined under
s. 49.001 (9), and who makes a claim for compensation under this chapter may make a claim or maintain an action in tort against the employer who provided the community service job or transitional placement from which the claim arose.
102.29(8r)
(8r) No participant in a food stamp employment and training program under
s. 49.124 (1m) who, under
s. 49.124 (1m) (d), is provided worker's compensation coverage by the department or by a Wisconsin works agency, as defined in
s. 49.001 (9), and who makes a claim for compensation under this chapter may make a claim or maintain an action in tort against the employer who provided the employment and training from which the claim arose.
102.29(9)
(9) No participant in a work experience component of a job opportunities and basic skills program who, under s.
49.193 (6) (a), 1997 stats., was considered to be an employee of the agency administering that program, or who, under s.
49.193 (6) (a), 1997 stats., was provided worker's compensation coverage by the person administering the work experience component, and who makes a claim for compensation under this chapter may make a claim or maintain an action in tort against the employer who provided the work experience from which the claim arose. This subsection does not apply to injuries occurring after February 28, 1998.
