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.
102.53(5)
(5) The aggregate result as computed by applying
sub. (1), and the aggregate result for members on the same hand or foot as computed by applying
subs. (2) and
(3), shall each be taken as a unit for applying
sub. (4) as between such units, and as between such units and each other disability.
102.53 History
History: 1973 c. 150;
1979 c. 278.
102.54
102.54
Injury to dominant hand. If an injury to an employe's dominant hand causes a disability specified in
s. 102.52 (1) to
(9) or amputation of more than two-thirds of the distal joint of a finger, the period for which indemnity is payable for that disability or amputation is increased by 25%. This increase is in addition to any other increase payable under
s. 102.53 but, for cases in which an injury causes more than one permanent disability, the increase under this section shall be based on the periods specified in
s. 102.52 (1) to
(9) for each disability and not on any increased period specified in
s. 102.53.
102.54 History
History: 1993 a. 81.
102.55
102.55
Application of schedules. 102.55(1)
(1) Whenever amputation of a member is made between any 2 joints mentioned in the schedule in
s. 102.52 the determined loss and resultant indemnity therefor shall bear such relation to the loss and indemnity applicable in case of amputation at the joint next nearer the body as such injury bears to one of amputation at the joint nearer the body.
102.55(2)
(2) For the purposes of this schedule permanent and complete paralysis of any member shall be deemed equivalent to the loss thereof.
102.55(3)
(3) For all other injuries to the members of the body or its faculties which are specified in this schedule resulting in permanent disability, though the member be not actually severed or the faculty totally lost, compensation shall bear such relation to that named in this schedule as disabilities bear to the disabilities named in this schedule. Indemnity in such cases shall be determined by allowing weekly indemnity during the healing period resulting from the injury and the percentage of permanent disability resulting thereafter as found by the department.
102.555
102.555
Occupational deafness; definitions. 102.555(1)(1) "Occupational deafness" means permanent partial or permanent total loss of hearing of one or both ears due to prolonged exposure to noise in employment. "Noise" means sound capable of producing occupational deafness. "Noisy employment" means employment in the performance of which an employe is subjected to noise.
102.555(2)
(2) No benefits shall be payable for temporary total or temporary partial disability under this chapter for loss of hearing due to prolonged exposure to noise.
102.555(3)
(3) An employe who because of occupational deafness is transferred by his or her employer to other noisy employment and thereby sustains actual wage loss shall be compensated at the rate provided in
s. 102.43 (2), not exceeding $7,000 in the aggregate from all employers. "Time of injury", "occurrence of injury", and "date of injury" in such case mean the date of wage loss.
102.555(4)
(4) Subject to the limitations provided in this section, there shall be payable for total occupational deafness of one ear, 36 weeks of compensation; for total occupational deafness of both ears, 216 weeks of compensation; and for partial occupational deafness, compensation shall bear such relation to that named in this section as disabilities bear to the maximum disabilities provided in this section. In cases covered by this subsection, "time of injury", "occurrence of injury", or "date of injury" shall, at the option of the employe, be the date of occurrence of any of the following events to an employe:
102.555(4)(a)
(a) Transfer to nonnoisy employment by an employer whose employment has caused occupational deafness;
102.555(4)(b)
(b) The last day actually worked before retiring, regardless of vacation pay or time, sick leave or any other benefit to which the employe is entitled;
102.555(4)(c)
(c) Termination of the employer-employe relationship; or
102.555(4)(d)
(d) Layoff, provided the layoff is complete and continuous for 6 months.
102.555(5)
(5) No claim under
sub. (4) may be filed until 7 consecutive days of removal from noisy employment after the time of injury except that under
sub. (4) (d) the 7 consecutive days' period may commence within the last 2 months of layoff.
102.555(6)
(6) The limitation provisions in this chapter shall control claims arising under this section. Such provisions shall run from the first date upon which claim may be filed, or from the date of subsequent death, provided that no claim shall accrue to any dependent unless an award has been issued or hearing tests have been conducted by a competent medical specialist after the employe has been removed from the noisy environment for a period of 2 months.
102.555(7)
(7) No payment shall be made to an employe under this section unless the employe shall have worked in noisy employment for a total period of at least 90 days for the employer from whom the employe claims compensation.
102.555(8)
(8) An employer is liable for the entire occupational deafness to which his or her employment has contributed; but if previous deafness is established by a hearing test or other competent evidence, whether or not the employe was exposed to noise within the 2 months preceding such test, the employer is not liable for previous loss so established nor is the employer liable for any loss for which compensation has previously been paid or awarded.
102.555(9)
(9) Any amount paid to an employe under this section by any employer shall be credited against compensation payable by any employer to such employe for occupational deafness under
subs. (3) and
(4). No employe shall in the aggregate receive greater compensation from any or all employers for occupational deafness than that provided in this section for total occupational deafness.
102.555(10)
(10) No compensation may be paid for tinnitus unless a hearing test demonstrates a compensable hearing loss other than tinnitus. For injuries occurring on or after January 1, 1992, no compensation may be paid for tinnitus.
102.555(11)
(11) Compensation under
s. 102.66 for permanent partial disability due to occupational deafness may be paid only if the loss of hearing exceeds 20% of binaural hearing loss.
102.555 Annotation
Committee Note, 1971: Where an employer discontinues a noisy operation and transfers the employes to nonnoisy employment, they have been unable to make claim for occupational deafness until the conditions of sub. (b), (c) or (d) were met. The employe will now have the option of filing a claim at the time of transfer at the current rate of compensation with a 2-1/2% reduction for each year of age over 50 or waiting until he meets the conditions of sub. (b), (c) or (d) when he may file claim at the then-current rate of compensation with a 1/2% reduction for each year of age over 50. [Bill 371-A]
102.555 Annotation
Prerequisite for benefits award under (10) is that employe must have suffered some compensable hearing loss other than tinnitus; (10) does not require compensable hearing loss in both ears or in a particular ear. General Castings Corp. v. LIRC, 152 W (2d) 631, 449 NW (2d) 619 (Ct. App. 1989).
102.555 Annotation
Agency interpretation and application of sub. (8) discussed. Harnischfeger Corp. v. LIRC, 196 W (2d) 650, 539 NW (2d) 335 (1995).
102.56(1)(1) If an employe is so permanently disfigured as to occasion potential wage loss, the department may allow such sum as it deems just as compensation therefor, not exceeding the employe's average annual earnings as defined in
s. 102.11. In determining the potential for wage loss and the sum awarded, the department shall take into account the age, education, training and previous experience and earnings of the employe, the employe's present occupation and earnings and likelihood of future suitable occupational change. Consideration for disfigurement allowance is confined to those areas of the body that are exposed in the normal course of employment. The department shall also take into account the appearance of the disfigurement, its location, and the likelihood of its exposure in occupations for which the employe is suited.
102.56(2)
(2) Notwithstanding
sub. (1), if an employe who claims compensation under this section returns to work for the employer who employed the employe at the time of the injury at the same or a higher wage, the employe may not be compensated unless the employe shows that he or she probably has lost or will lose wages due to the disfigurement.
102.565
102.565
Toxic or hazardous exposure; medical examination; conditions of liability. 102.565(1)
(1) When an employe working subject to this chapter, as a result of exposure in the course of his or her employment over a period of time to toxic or hazardous substances or conditions, develops any clinically observable abnormality or condition which, on competent medical opinion, predisposes or renders the employ in any manner differentially susceptible to disability to such an extent that it is inadvisable for the employe to continue employment involving such exposure and the employe is discharged from or ceases to continue the employment, and suffers wage loss by reason of such discharge, or such cessation, the department may allow such sum as it deems just as compensation therefor, not exceeding $13,000. In the event a nondisabling condition may also be caused by toxic or hazardous exposure not related to employment, and the employe has a history of such exposure, compensation as provided by this section shall not be allowed nor shall any other remedy for loss of earning capacity. In case of such discharge prior to a finding by the department that it is inadvisable for the employe to continue in such employment and if it is reasonably probable that continued exposure would result in disability, the liability of the employer who so discharges the employe is primary, and the liability of the employer's insurer is secondary, under the same procedure and to the same effect as provided by
s. 102.62.
102.565(2)
(2) Upon application of any employer or employe the department may direct any employe of the employer or an employe who, in the course of his or her employment, has been exposed to toxic or hazardous substances or conditions, to submit to examination by a physician or physicians to be appointed by the department to determine whether the employe has developed any abnormality or condition under
sub. (1), and the degree thereof. The cost of the medical examination shall be borne by the person making application. The results of the examination shall be submitted by the physician to the department, which shall submit copies of the reports to the employer and employe, who shall have opportunity to rebut the reports provided request therefor is made to the department within 10 days from the mailing of the report to the parties. The department shall make its findings as to whether or not it is inadvisable for the employe to continue in his or her employment.
102.565(3)
(3) If an employe refuses to submit to the examination after direction by the commission, or any member thereof or the department or an examiner thereof, or in any way obstructs the same, the employe's right to compensation under this section shall be barred.
102.565(4)
(4) No payment shall be made to an employe under this section unless he or she shall have worked for a reasonable period of time for the employer from whom he or she claims compensation for exposing him or her to toxic or hazardous conditions.
102.565(5)
(5) Payment of a benefit under this section to an employe shall stop such employe from any further recovery whatsoever from any employer under this section.
102.565 History
History: 1977 c. 29,
195;
1979 c. 278.
102.565 Annotation
Sub. (1) requires that employe's termination be connected to the employment which caused the susceptibility to disease. General Castings Corp. v. Winstead, 156 W (2d) 752, 457 NW (2d) 557 (Ct. App. 1990).
102.57
102.57
Violations of safety provisions, penalty. If injury is caused by the failure of the employer to comply with any statute or any lawful order of the department, compensation and death benefits provided in this chapter shall be increased 15% but the total increase may not exceed $15,000. Failure of an employer reasonably to enforce compliance by employes with that statute or order of the department constitutes failure by the employer to comply with that statute or order.
102.57 History
History: 1981 c. 92;
1983 a. 98.
102.57 Annotation
This section and 102.58 may be applicable in the same workmen's compensation case if the negligence of both are causes of the employe's injury. Milwaukee Forge v. ILHR Dept. 66 W (2d) 428, 225 NW (2d) 476.
102.58
102.58
Decreased compensation. If injury is caused by the failure of the employe to use safety devices which are provided in accordance with any statute or lawful order of the department and are adequately maintained, and the use of which is reasonably enforced by the employer, or if injury results from the employe's failure to obey any reasonable rule adopted and reasonably enforced by the employer for the safety of the employe and of which the employe has notice, or if injury results from the intoxication of the employe by alcohol beverages, as defined in
s. 125.02 (1), or use of a controlled substance, as defined in
s. 961.01 (4), or a controlled substance analog, as defined in
s. 961.01 (4m), the compensation and death benefit provided in this chapter shall be reduced 15% but the total reduction may not exceed $15,000.
102.58 Annotation
The burden of proof is on the employer to establish not only the fact of intoxication, but a causal connection between such condition and the injury or accident. Haller Beverage Corp. v. ILHR Dept. 49 W (2d) 233, 181 NW (2d) 418.
102.59
102.59
Preexisting disability, indemnity. 102.59(1)
(1) If an employe has at the time of injury permanent disability which if it had resulted from such injury would have entitled him or her to indemnity for 200 weeks and, as a result of such injury, incurs further permanent disability which entitles him or her to indemnity for 200 weeks, the employe shall be paid from the funds provided in this section additional compensation equivalent to the amount which would be payable for said previous disability if it had resulted from such injury or the amount which is payable for said further disability, whichever is the lesser. If said disabilities result in permanent total disability the additional compensation shall be in such amount as will complete the payments which would have been due had said permanent total disability resulted from such injury. This additional compensation accrues from, and may not be paid to any person before, the end of the period for which compensation for permanent disability resulting from such injury is payable by the employer, and shall be subject to
s. 102.32 (6) and
(7). No compromise agreement of liability for this additional compensation may provide for any lump sum payment.
102.59(1m)
(1m) A compromise order issued under
s. 102.16 (1) may not be admitted as evidence in any action or proceeding for benefits compensable under this section.
102.59(2)
(2) In the case of the loss or of the total impairment of a hand, arm, foot, leg or eye, the employer shall pay $7,000 into the state treasury. The payment shall be made in all such cases regardless of whether the employe, the employe's dependent or personal representative commences action against a 3rd party as provided in
s. 102.29.
102.59(3)
(3) All payments received under this section shall be deposited in the fund established by
s. 102.65.
102.59 Annotation
The fund was not liable for disability benefits where employer was liable for permanent total disability. Green Bay Soap Co. v. DILHR, 87 W (2d) 561, 275 NW (2d) 190 (Ct. App. 1979).
102.60
102.60
Minor illegally employed, compensation. When the injury is sustained by a minor illegally employed, compensation and death benefits shall be as follows:
102.60(1)
(1) Double the amount otherwise recoverable, if the injured employe is a minor of permit age, and at the time of the injury is employed, required, suffered or permitted to work without a written permit issued pursuant to
ch. 103, except as provided in
sub. (2).
102.60(2)
(2) Treble the amount otherwise recoverable, if the injured employe is a minor of permit age, and at the time of the injury is employed, required, suffered or permitted to work without a permit in any place of employment or at any employment in or for which the department acting under authority of
ch. 103, has adopted a written resolution providing that permits shall not be issued.
102.60(3)
(3) Treble the amount otherwise recoverable if the injured employe is a minor of permit age, and at the time of the injury is employed, required, suffered, or permitted to work at prohibited employment.
102.60(4)
(4) Treble the amount otherwise recoverable, if the injured employe is a minor under permit age and illegally employed.
102.60(5)(a)(a) A permit or certificate of age unlawfully issued by an officer specified in
ch. 103, or unlawfully altered after issuance, without fraud on the part of the employer, shall be deemed a permit within the provisions of this section.
102.60(5)(b)
(b) If the employer is misled in employing a minor illegally because of fraudulent written evidence of age presented by the minor, the increased compensation provided by this section shall not be paid to the employe, but shall be paid into the fund established by
s. 102.65.
102.60(6)
(6) If the amount recoverable under this section for temporary disability shall be less than the actual loss of wage sustained by the minor employe, then liability shall exist for such loss of wage.
102.60(7)
(7) Subsections (1) to
(6) shall not apply to employes as defined in
s. 102.07 (6) if the agency or publisher shall establish by affirmative proof that at the time of the injury the employe was not employed with the actual or constructive knowledge of such agency or publisher.
102.60(8)
(8) This section shall not apply to liability arising under
s. 102.06 unless the employer sought to be charged knew or should have known that the minor was illegally employed by the contractor or subcontractor.
102.60(9)
(9) The increased compensation or increased death benefits recoverable under
sub. (1) may not exceed $7,500. The increased compensation or increased death benefits recoverable under
subs. (2),
(3) or
(4) may not exceed $15,000.
102.61
102.61
Indemnity under rehabilitation law. 102.61(1)
(1) Subject to
sub. (1m), an employe who is entitled to receive and has received compensation under this chapter, and who is entitled to and is receiving instructions under
29 USC 701 to
797b, as administered by the state in which the employe resides or in which the employe resided at the time of becoming physically disabled, shall, in addition to other indemnity, be paid the actual and necessary expenses of travel and, if the employe receives instructions elsewhere than at the place of residence, the actual and necessary costs of maintenance, during rehabilitation, subject to the conditions and limitations specified in
sub. (1r).
