Mark Kunkel, Rules and Records Coordinator
Department of Workforce Development
P.O. Box 7946
Madison, WI 53707
Comments may be submitted to the contact information listed above no later than a date to be determined. The date, time and place of the public hearing will be published in the Wisconsin Administrative Register.
Text of Rule
Section 1. DWD 80.02 (2) (intro.) is amended to read:
DWD 80.02 (2) (intro.) Except as provided in sub. (3m), for injuries under sub. (1) (a) self−insured employers and insurance companies shall submit all of the following reports to the department:
Section 2. DWD 80.02 (2) (c) is amended to read:
DWD 80.02 (2) (c) The For injuries occurring before April 10, 2022, the wage information required by form WKC−13−A if the wage is less than the maximum wage as defined by s. 102.11 (1), Stats. The WKC−13 required in par. (b) and the WKC−13−A shall be submitted together, except that if the wage information required by form WKC−13−A is not available at the time the WKC−13 is submitted, the insurance carrier or self−insured employer shall estimate on the WKC−13 the date by which the WKC−13−A will be submitted. Section 3. DWD 80.02 (2) (cm) is created to read:
DWD 80.02 (2) (cm) For injuries occurring on or after April 10, 2022, the wage information required by the form WKC-13-A1 if the wage is less than the maximum wage as defined by s. 102.11 (1), Stats. The WKC-13 required in par. (b) and the WKC-13-A1 shall be submitted together, except that if the wage information required by form WKC-13-A1 is not available at the time the WKC-13 is submitted, the insurance carrier or self-insured employer shall estimate on the WKC-13 the date on which the WKC-13-A1 will be submitted. Section 4. DWD 80.02 (2) (d) is amended to read:
DWD 80.02 (2) (d) If For injuries occurring before April 10, 2022, if applicable, a signed statement from the employee verifying that the employee restricts his or her availability on the labor market to part−time employment, and is not actively employed elsewhere. The employee’s self-restriction statement shall accompany the WKC−13−A, but no statement is required if the employee is under the age of 16.
Section 5. DWD 80.02 (2) (dm) is created to read:
DWD 80.02 (2) (dm) For injuries occurring on or after April 10, 2022, if applicable, a signed statement from the employee verifying that the employee restricts his or her availability to part-time employment, an employment application indicating an hour or shift preference, or other evidence to establish the employee chose to work less than full-time. The employee's self-restriction statement, employment application, or other evidence to establish the employee chose to work less than full-time shall accompany the WKC-13-A1.
Section 6. DWD 80.49 (5) (a) 2. is amended to read:
DWD 80.49 (5) (a) 2. The employee’s average weekly wage is calculated pursuant to the part-time wage rules in s. 102.11 (1) (f), Stats., or s. DWD 80.51 (4) or (5) and the employee’s average weekly wage for compensation purposes exceeds the gross average weekly wages of the part-time employment. Section 7. DWD 80.51 (4) is amended to read:
DWD 80.51 (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 defined described in s. 102.11 (1) (f), Stats., who restrict availability on the labor market. As to the employees so defined, 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. Section 8. DWD 80.51 (5) is created to read:
DWD 80.51 (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 and or after April 10, 2022. Section 9. Effective date. This rule takes effect on the first day of the month following publication in the Wisconsin Administrative Register as provided in s. 227.22 (2) (intro.), Stats.
