102.23(1)(a)(a) The findings of fact made by the commission acting within its powers shall, in the absence of fraud, be conclusive. The order or award granting or denying compensation, either interlocutory or final, whether judgment has been rendered on it or not, is subject to review only as provided in this section and not under
ch. 227 or
s. 801.02. Within 30 days after the date of an order or award made by the commission either originally or after the filing of a petition for review with the department under
s. 102.18 any party aggrieved thereby may by serving a complaint as provided in
par. (b) and filing the summons and complaint with the clerk of the circuit court commence, in circuit court, an action against the commission for the review of the order or award, in which action the adverse party shall also be made a defendant. If the circuit court is satisfied that a party in interest has been prejudiced because of an exceptional delay in the receipt of a copy of any finding or order, it may extend the time in which an action may be commenced by an additional 30 days. The proceedings shall be in the circuit court of the county where the plaintiff resides, except that if the plaintiff is a state agency, the proceedings shall be in the circuit court of the county where the defendant resides. The proceedings may be brought in any circuit court if all parties stipulate and that court agrees.
102.23(1)(b)
(b) In such an action a complaint shall be served with an authenticated copy of the summons. The complaint need not be verified, but shall state the grounds upon which a review is sought. Service upon a commissioner or agent authorized by the commission to accept service constitutes complete service on all parties, but there shall be left with the person so served as many copies of the summons and complaint as there are defendants, and the commission shall mail one copy to each other defendant.
102.23(1)(c)
(c) The commission shall serve its answer within 20 days after the service of the complaint, and, within the like time, the adverse party may serve an answer to the complaint, which answer may, by way of counterclaim or cross complaint, ask for the review of the order or award referred to in the complaint, with the same effect as if the party had commenced a separate action for the review thereof.
102.23(1)(d)
(d) The commission shall make return to the court of all documents and papers on file in the matter, and of all testimony which has been taken, and of the commission's order, findings and award. Such return of the commission when filed in the office of the clerk of the circuit court shall, with the papers mentioned in
s. 809.15 constitute a judgment roll in the action; and it shall not be necessary to have a transcript approved. The action may thereupon be brought on for hearing before the court upon the record by either party on 10 days' notice to the other; subject, however, to the provisions of law for a change of the place of trial or the calling in of another judge.
102.23(1)(e)
(e) Upon such hearing, the court may confirm or set aside such order or award; and any judgment which may theretofore have been rendered thereon; but the same shall be set aside only upon the following grounds:
102.23(1)(e)1.
1. That the commission acted without or in excess of its powers.
102.23(1)(e)3.
3. That the findings of fact by the commission do not support the order or award.
102.23(2)
(2) Upon the trial of any such action the court shall disregard any irregularity or error of the commission or the department unless it is made to affirmatively appear that the plaintiff was damaged thereby.
102.23(3)
(3) The record in any case shall be transmitted to the department within 5 days after expiration of the time for appeal from the order or judgment of the court, unless appeal shall be taken from such order or judgment.
102.23(4)
(4) Whenever an award is made against the state the attorney general may bring an action for review thereof in the same manner and upon the same grounds as are provided by
sub. (1).
102.23(5)
(5) The commencement of action for review shall not relieve the employer from paying compensation as directed, when such action involves only the question of liability as between the employer and one or more insurance companies or as between several insurance companies.
102.23(6)
(6) If the commission's order or award depends on any fact found by the commission, the court shall not substitute its judgment for that of the commission as to the weight or credibility of the evidence on any finding of fact. The court may, however, set aside the commission's order or award and remand the case to the commission if the commission's order or award depends on any material and controverted finding of fact that is not supported by credible and substantial evidence.
102.23 History
History: 1973 c. 150;
1975 c. 199; Sup. Ct. Order, 73 W (2d) xxxi (1976);
1977 c. 29;
1977 c. 187 ss.
59,
135;
1977 c. 195,
272,
447; Sup. Ct. Order, 83 W (2d) xiii (1978);
1979 c. 278;
1981 c. 390 s.
252;
1983 a. 98,
122,
538;
1985 a. 83.
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 an order of ILHR 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. ILHR Dept. 49 W (2d) 491, 182 NW (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 the facts ultimate and evidentiary and by judicial reasoning results from the application of rules or concepts of law to those facts whether the facts are undisputed or not. Kress Packing Co. v. Kottwitz, 61 W (2d) 175, 212 NW (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. ILHR Dept. 64 W (2d) 97, 218 NW (2d) 314.
102.23 Annotation
See note to 807.07, citing Cruz v. DILHR, 81 W (2d) 442, 260 NW (2d) 692.
102.23 Annotation
Employer whose unemployment compensation account is not affected by commission's determination has no standing to seek judicial review. Cornwell Personnel Associates v. ILHR Dept. 92 W (2d) 53, 284 NW (2d) 706 (Ct. App. 1979).
102.23 Annotation
Two methods of analyzing agency's mixed conclusions of law and finding of fact discussed. United Way of Greater Milwaukee v. DILHR, 105 W (2d) 447, 313 NW (2d) 858 (Ct. App. 1981).
102.23 Annotation
Failure properly to serve commission pursuant to (1) (b) results in jurisdictional defect, rather than mere technical error. Gomez v. LIRC, 153 W (2d) 686, 451 NW (2d) 475 (Ct. App. 1989).
102.23 Annotation
See note to 752.35, citing Kwaterski v. LIRC, 158 W (2d) 112, 462 NW (2d) 534 (Ct. App. 1990).
102.23 Annotation
Discussion of who is an "adverse party" under sub. (1) (a). Brandt v. LIRC, 166 W (2d) 623, 480 NW (2d) 673 (1992), Miller Brewing Co. v. LIRC, 173 W (2d) 700, 495 NW (2d) 660 (1993).
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 W (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
Section 269.36 applies to appeals to the supreme court; when service of an entry of judgment by the circuit court is served by mail, the time for appeal is extended to 35 days. The time runs from the date of mailing. Chequamegon Telephone Cooperative v. ILHR Dept. 55 W (2d) 507, 200 NW (2d) 441.
102.25 Annotation
An appeal to the supreme court by a party who has unsuccessfully sought judicial review in the circuit court of an order or award in a workmen's compensation case, must be taken, under (1), within 30 days from the date of service of the notice of entry of the circuit court judgment or within 35 days if service is effected by mail. Beloit Corp. v. ILHR Dept. 63 W (2d) 23, 216 NW (2d) 233.
102.25 Annotation
See note to 808.03, citing Bearns v. DILHR, 102 W (2d) 70, 306 NW (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(2m)
(2m) In any action for the recovery of costs of hospitalization in a tuberculosis sanatorium, where such cost was incurred by a patient whose tuberculosis entitled the patient to worker's compensation, no attorney fee for the recovery of such cost shall be allowed to the attorney for such patient in such worker's compensation action, unless, by express agreement with the governing board of such institution the attorney has been retained by such governing board to also act as its attorney.
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
Only fee authorized to be paid any clerk of courts under 102.26 (1) is fee under 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 employe 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 employes' 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 employe 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 employe belongs signs the affidavit specified in
subd. 3. and signs the agreement and provides the proof of financial ability 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 employe or, if the employe is a minor, by the employe 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 employe or, if the employe is a minor, by the employe and his or her parent or guardian stating that the employe is a member of a recognized religious sect and that, as a result of the employe's adherence to the established tenets or teachings of the religious sect, the employe 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 employe 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 employe belongs to provide the financial and medical assistance described in
subd. 3. to the employe and to the employe's dependents if the employe sustains an injury which, but for the waiver under
subd. 1., the employer would be liable for under
s. 102.03, and proof of the financial ability of the religious sect to provide that financial and medical assistance which the religious sect may establish by maintaining, in an amount determined by the department, a surety bond issued by a company authorized to do business in this state, an irrevocable letter of credit from a financial institution, as defined in
s. 705.01 (3), or some other financial commitment approved by the department.
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 employe has waived all compensation under this chapter other than the alternative benefits provided under
par. (c).
102.28(3)(b)2.
2. The employe 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 employe conscientiously opposes accepting those benefits.
102.28(3)(b)3.
3. The religious sect to which the employe 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 employe belongs has agreed to provide the financial and medical assistance described in
subd. 3. to the employe and to the dependents of the employe if the employe sustains an injury that, but for the waiver under
par. (a) 1., the employer would be liable for under
s. 102.03 and that the religious sect has the financial ability to provide that financial and medical assistance.
102.28(3)(c)
(c) An employe 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 and proof of financial responsibility 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 employe's dependent, may request a hearing under
s. 102.17 (1) to determine if the religious sect has provided the employe 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 employe 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 employe or dependent could have received under this chapter but for the waiver under
par. (a) 1. If the religious sect does not provide the alternative benefits as ordered by the department, the department may use the financial commitment under
par. (a) 4. to pay the alternative benefits ordered, including any penalties that may be appropriate.
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 employe under
par. (a) 1. and
2., the affidavit of a religious sect under
par. (a) 3. and the agreement and proof of financial responsibility 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 employes 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 compensation 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".
