102.48(2)
(2) In all other cases the death benefit shall be such sum as the department shall determine to represent fairly and justly the aid to support which the dependent might reasonably have anticipated from the deceased employe but for the injury. To establish anticipation of support and dependency, it shall not be essential that the deceased employe made any contribution to support. The aggregate benefits in such case shall not exceed twice the average annual earnings of the deceased; or 4 times the contributions of the deceased to the support of such dependents during the year immediately preceding the deceased employe's death, whichever amount is the greater. In no event shall the aggregate benefits in such case exceed the amount which would accrue to a person solely and wholly dependent. Where there is more than one partial dependent the weekly benefit shall be apportioned according to their relative dependency. The term "support" as used in
ss. 102.42 to
102.63 shall include contributions to the capital fund of the dependents, for their necessary comfort.
102.48(3)
(3) A death benefit, other than burial expenses, except as otherwise provided, shall be paid in weekly instalments corresponding in amount to two-thirds of the weekly earnings of the employe, until otherwise ordered by the department.
102.49
102.49
Additional death benefit for children, state fund. 102.49(1)(1) Where the beneficiary under
s. 102.46 or
102.47 (1) is the wife or husband of the deceased employe and is wholly dependent for support, an additional death benefit shall be paid from the funds provided by
sub. (5) for each child by their marriage who is living at the time of the death of the employe, and who is likewise wholly dependent upon the employe for support. Such payment shall commence at the time that primary death benefit payments are completed, or if advancement of compensation has been paid at the time when payments would normally have been completed. Payments shall continue at the rate of 10% of the surviving parent's weekly indemnity until the child's 18th birthday. If the child is physically or mentally incapacitated, such payments may be continued beyond the 18th birthday but the payments may not continue for more than a total of 15 years.
102.49(2)
(2) A child lawfully adopted by the deceased employe and the surviving spouse, prior to the time of the injury, and a child not the deceased employe's own by birth or adoption but living with the deceased employe as a member of the deceased employe's family at the time of the injury shall for the purpose of this section be taken as a child by their marriage.
102.49(3)
(3) If the employe leaves a spouse wholly dependent and also a child by a former marriage or adoption, likewise wholly dependent, aggregate benefits shall be the same in amount as if the child were the child of the surviving spouse, and the entire benefit shall be apportioned to the dependents in the amounts that the department shall determine to be just, considering the ages of the dependents and other factors bearing on dependency. The benefit awarded to the surviving spouse shall not exceed 4 times the average annual earnings of the deceased employe.
102.49(4)
(4) Dependency of any child for the purposes of this section shall be determined according to
s. 102.51 (1), in like manner as would be done if there was no surviving dependent parent.
102.49(5)(a)(a) In each case of injury resulting in death, the employer or insurer shall pay into the state treasury the sum of $5,000.
102.49(5)(b)
(b) In addition to the payment required under
par. (a), in each case of injury resulting in death leaving no person dependent for support, the employer or insurer shall pay into the state treasury the amount of the death benefit otherwise payable, minus any payment made under
s. 102.48 (1), in 5 equal annual instalments with the first instalment due as of the date of death.
102.49(5)(c)
(c) In addition to the payment required under
par. (a), in each case of injury resulting in death, leaving one or more persons partially dependent for support, the employer or insurer shall pay into the state treasury an amount which, when added to the sums paid or to be paid on account of partial dependency and under
s. 102.48 (1), shall equal the death benefit payable to a person wholly dependent.
102.49(5)(d)
(d) The payment into the state treasury shall be made in all such cases regardless of whether the dependents or personal representatives of the deceased employe commence action against a 3rd party under
s. 102.29. If the payment is not made within 20 days after the department makes request therefor, any sum payable shall bear interest at the rate of 7% per year.
102.49(6)
(6) The department may award the additional benefits payable under this section to the surviving parent of the child, to the child's guardian or to such other person, bank or trust company for the child's use as may be found best calculated to conserve the interest of the child. In the case of death of a child while benefits are still payable there shall be paid the reasonable expense for burial, not exceeding $1,500.
102.49(7)
(7) All payments received under this section shall be deposited in the fund established by
s. 102.65.
102.49 Annotation
Death benefits for dependent children are not increased by 102.57. Schwartz v. DILHR, 72 W (2d) 217, 240 NW (2d) 173.
102.50
102.50
Burial expenses. In all cases where death of an employe proximately results from the injury the employer or insurer shall pay the reasonable expense for burial, not exceeding $6,000.
102.51(1)(a)(a) The following persons are entitled to death benefits as if they are solely and wholly dependent for support upon a deceased employe:
102.51(1)(a)1.
1. A wife upon a husband with whom she is living at the time of his death.
102.51(1)(a)2.
2. A husband upon a wife with whom he is living at the time of her death.
102.51(1)(a)3.
3. A child under the age of 18 years upon the parent with whom he or she is living at the time of the death of the parent, there being no surviving dependent parent.
102.51(1)(a)4.
4. A child over the age of 18 years, but physically or mentally incapacitated from earning, upon the parent with whom he or she is living at the time of the death of the parent, there being no surviving dependent parent.
102.51(1)(b)
(b) Where a dependent who is entitled to death benefits under this subsection survives the deceased employe, all other dependents shall be excluded. The charging of any portion of the support and maintenance of a child upon one of the parents, or any voluntary contribution toward the support of a child by a parent, or an obligation to support a child by a parent constitutes living with any such parent within the meaning of this subsection.
102.51(2)(a)(a) No person shall be considered a dependent unless a member of the family or a spouse, or a divorced spouse who has not remarried, or lineal descendant or ancestor, or brother or sister of the deceased employe.
102.51(2)(b)
(b) If for 8 years or more prior to the date of injury a deceased employe has been a resident of the United States, it shall be conclusively presumed that no person who has remained a nonresident alien during that period is either totally or partially dependent upon the deceased employe for support.
102.51(2)(c)
(c) No person who is a nonresident alien shall be found to be either totally or partially dependent on a deceased employe for support who cannot establish dependency by proving contributions from the deceased employe by written evidence or tokens of the transfer of money, such as drafts, letters of credit, microfilm or other copies of paid share drafts, canceled checks, or receipts for the payment to any bank, express company, United States post office, or other agency commercially engaged in the transfer of funds from one country to another, for transmission of funds on behalf of said deceased employe to such nonresident alien claiming dependency. This provision shall not be applicable unless the employe has been continuously in the United States for at least one year prior to his or her injury, and has been remuneratively employed therein for at least 6 months.
102.51(3)
(3) Division among dependents. If there is more than one person wholly or partially dependent, the death benefit shall be divided between such dependents in such proportion as the department shall determine to be just, considering their ages and other facts bearing on such dependency.
102.51(4)
(4) Dependency as of the date of death. Questions as to who is a dependent and the extent of his or her dependency shall be determined as of the date of the death of the employe, and the dependent's right to any death benefit becomes fixed at that time, regardless of any subsequent change in conditions. The death benefit shall be directly recoverable by and payable to the dependents entitled thereto or their legal guardians or trustees. In case of the death of a dependent whose right to a death benefit has thus become fixed, so much of the benefit as is then unpaid is payable to the dependent's personal representatives in gross, unless the department determines that the unpaid benefit shall be reassigned, under
sub. (6), and paid to any other dependent who is physically or mentally incapacitated or a minor. A posthumous child is for the purpose of this subsection a dependent as of the date of death.
102.51(5)
(5) When not interested. No dependent of an injured employe shall be deemed a party in interest to any proceeding by the employe for the enforcement of the employe's claim for compensation, nor with respect to the compromise thereof by such employe. A compromise of all liability entered into by an employe is binding upon the employe's dependents, except that any dependent of a deceased employe may submit the compromise for review under
s. 102.16 (1).
102.51(6)
(6) Division among dependents. Benefits accruing to a minor dependent child may be awarded to either parent in the discretion of the department. Notwithstanding
sub. (1), the department may reassign the death benefit, in accordance with their respective needs therefor as between a surviving spouse and children designated in
sub. (1) and
s. 102.49.
102.51(7)
(7) Certain defense barred. In proceedings for the collection of primary death benefit or burial expense it shall not be a defense that the applicant, either individually or as a partner or member, was an employer of the deceased.
102.51 Annotation
Posthumously born illegitimate child does not qualify as a dependent under (4). Claimants not falling within one of classifications under (2) (a) will not qualify for benefits, regardless of dependency in fact. Larson v. DILHR, 76 W (2d) 595, 252 NW (2d) 33.
102.52
102.52
Permanent partial disability schedule. In cases included in the following schedule of permanent partial disabilities indemnity shall be paid for the healing period, and in addition, for the period specified, at the rate of two-thirds of the average weekly earnings of the employe, to be computed as provided in
s. 102.11:
102.52(1)
(1) The loss of an arm at the shoulder, 500 weeks;
102.52(2)
(2) The loss of an arm at the elbow, 450 weeks;
102.52(4)
(4) The loss of a palm where the thumb remains, 325 weeks;
102.52(5)
(5) The loss of a thumb and the metacarpal bone thereof, 160 weeks;
102.52(6)
(6) The loss of a thumb at the proximal joint, 120 weeks;
102.52(7)
(7) The loss of a thumb at the distal joint, 50 weeks;
102.52(8)
(8) The loss of all fingers on one hand at their proximal joints, 225 weeks;
102.52(9)
(9) Losses of fingers on each hand as follows:
102.52(9)(a)
(a) An index finger and the metacarpal bone thereof, 60 weeks;
102.52(9)(b)
(b) An index finger at the proximal joint, 50 weeks;
102.52(9)(c)
(c) An index finger at the second joint, 30 weeks;
102.52(9)(d)
(d) An index finger at the distal joint, 12 weeks;
102.52(9)(e)
(e) A middle finger and the metacarpal bone thereof, 45 weeks;
102.52(9)(f)
(f) A middle finger at the proximal joint, 35 weeks;
102.52(9)(g)
(g) A middle finger at the second joint, 20 weeks;
102.52(9)(h)
(h) A middle finger at the distal joint, 8 weeks;
102.52(9)(i)
(i) A ring finger and the metacarpal bone thereof, 26 weeks;
102.52(9)(j)
(j) A ring finger at the proximal joint, 20 weeks;
102.52(9)(k)
(k) A ring finger at the second joint, 15 weeks;
102.52(9)(L)
(L) A ring finger at the distal joint, 6 weeks;
102.52(9)(m)
(m) A little finger and the metacarpal bone thereof, 28 weeks;
102.52(9)(n)
(n) A little finger at the proximal joint, 22 weeks;
102.52(9)(o)
(o) A little finger at the second joint, 16 weeks;
102.52(9)(p)
(p) A little finger at the distal joint, 6 weeks;
102.52(10)
(10) The loss of a leg at the hip joint, 500 weeks;
102.52(11)
(11) The loss of a leg at the knee, 425 weeks;
102.52(12)
(12) The loss of a foot at the ankle, 250 weeks;
102.52(13)
(13) The loss of the great toe with the metatarsal bone thereof, 83 1/3 weeks;
102.52(14)
(14) Losses of toes on each foot as follows:
102.52(14)(c)
(c) The second toe with the metatarsal bone thereof, 25 weeks;
102.52(14)(g)
(g) The third, fourth or little toe with the metatarsal bone thereof, 20 weeks;
102.52(14)(h)
(h) The third, fourth or little toe at the proximal joint, 6 weeks;
102.52(14)(i)
(i) The third, fourth or little toe at the second or distal joint, 4 weeks;
102.52(15)
(15) The loss of an eye by enucleation or evisceration, 275 weeks;
102.52(16)
(16) Total impairment of one eye for industrial use, 250 weeks;
102.52(17)
(17) Total deafness from accident or sudden trauma, 330 weeks;
102.52(18)
(18) Total deafness of one ear from accident or sudden trauma, 55 weeks.
102.52 Annotation
In a workmen's compensation proceeding brought by an employe who suffered total deafness in one ear, a skull fracture, loss of taste and smell, facial paralysis and periods of intermittent headaches and dizziness, the ILHR department did not err in determining that the hearing loss was a scheduled disability under (18), with a separate award for the additional physical effects of the deafness, rather than considering the entire range of disabilities as a whole, since where a loss is recognized by and compensable under this section, the schedule therein is exclusive. Vande Zande v. ILHR Dept. 70 W (2d) 1086, 236 NW (2d) 255.
102.52 Annotation
The "loss of an arm at the shoulder" under sub. (1) include s injuries to the shoulder. Hagen v. LIRC, 210 W (2d) 12, 563 NW (2d) 454 (1997).
102.53
102.53
Multiple injury variations. In case an injury causes more than one permanent disability specified in
ss. 102.44 (3),
102.52 and
102.55, the period for which indemnity shall be payable for each additional equal or lesser disability shall be increased as follows:
102.53(1)
(1) In the case of impairment of both eyes, by 200%.
102.53(2)
(2) In the case of disabilities on the same hand covered by
s. 102.52 (9), by 100% for the first equal or lesser disability and by 150% for the 2nd and 3rd equal or lesser disabilities.
