102.23   Judicial review.
102.24   Remanding record.
102.25   Appeal from judgment on award.
102.26   Fees and costs.
102.27   Claims and awards protected; exceptions.
102.28   Preference of claims; worker's compensation insurance.
102.29   Third party liability.
102.30   Other insurance not affected; liability of insured employer.
102.31   Worker's compensation insurance; policy regulations.
102.315   Worker's compensation insurance; employee leasing companies.
102.32   Continuing liability; guarantee settlement, gross payment.
102.33   Forms and records; public access.
102.35   Penalties.
102.37   Employers' records.
102.38   Records and reports of payments.
102.39   Rules and general orders; application of statutes.
102.40   Reports not evidence in actions.
102.42   Incidental compensation.
102.425   Prescription and nonprescription drug treatment.
102.43   Weekly compensation schedule.
102.44   Maximum limitations.
102.45   Benefits payable to minors; how paid.
102.46   Death benefit.
102.47   Death benefit, continued.
102.475   Death benefit; law enforcement and correctional officers, fire fighters, rescue squad members, diving team members, national or state guard members and emergency management personnel.
102.48   Death benefit, continued.
102.49   Additional death benefit for children, state fund.
102.50   Burial expenses.
102.51   Dependents.
102.52   Permanent partial disability schedule.
102.53   Multiple injury variations.
102.54   Injury to dominant hand.
102.55   Application of schedules.
102.555   Occupational deafness; definitions.
102.56   Disfigurement.
102.565   Toxic or hazardous exposure; medical examination; conditions of liability.
102.57   Violations of safety provisions, penalty.
102.58   Decreased compensation.
102.59   Preexisting disability, indemnity.
102.60   Minor illegally employed.
102.61   Indemnity under rehabilitation law.
102.62   Primary and secondary liability; unchangeable.
102.63   Refunds by state.
102.64   Attorney general shall represent state and commission.
102.65   Work injury supplemental benefit fund.
102.66   Payment of certain barred claims.
102.75   Administrative expenses.
102.80   Uninsured employers fund.
102.81   Compensation for injured employee of uninsured employer.
102.82   Uninsured employer payments.
102.83   Collection of uninsured employer payments.
102.835   Levy for delinquent payments.
102.84   Preference of required payments.
102.85   Uninsured employers; penalties.
102.87   Citation procedure.
102.88   Penalties; repeaters.
102.89   Parties to a violation.
Ch. 102 Cross-reference Cross-reference: See also ch. DWD 80, Wis. adm. code.
102.01 102.01 Definitions.
102.01(1)(1)This chapter may be referred to as the “Worker's Compensation Act" and allowances, recoveries and liabilities under this chapter constitute “Worker's Compensation".
102.01(2) (2)In this chapter:
102.01(2)(ad) (ad) “Administrator" means the administrator of the division of hearings and appeals in the department of administration.
102.01(2)(af) (af) “Commission" means the labor and industry review commission.
102.01(2)(ag) (ag) “Commissioner" means a member of the commission.
102.01(2)(am) (am) “Compensation" means worker's compensation.
102.01(2)(ap) (ap) “Department" means the department of workforce development.
102.01(2)(ar) (ar) “Division" means the division of hearings and appeals in the department of administration.
102.01(2)(bm) (bm) “General order" means such order as applies generally throughout the state to all persons, employments, places of employment or public buildings, or all persons, employments or places of employment or public buildings of a class under the jurisdiction of the department. All other orders of the department shall be considered special orders.
102.01(2)(c) (c) “Injury" means mental or physical harm to an employee caused by accident or disease, and also means damage to or destruction of artificial members, dental appliances, teeth, hearing aids and eyeglasses, but, in the case of hearing aids or eyeglasses, only if such damage or destruction resulted from accident which also caused personal injury entitling the employee to compensation therefor either for disability or treatment.
102.01(2)(d) (d) “Local governmental unit" means a political subdivision of this state; a special purpose district or taxing jurisdiction, as defined in s. 70.114 (1) (f), in this state; an instrumentality, corporation, combination, or subunit of any of the foregoing; or any other public or quasi-public corporation.
102.01(2)(dm) (dm) “Order" means any decision, rule, regulation, direction, requirement, or standard of the department or the division, or any other determination arrived at or decision made by the department or the division.
102.01(2)(e) (e) “Primary compensation and death benefit" means compensation or indemnity for disability or death benefit, other than increased, double or treble compensation or death benefit.
102.01(2)(eg) (eg) “Religious sect" means a religious body of persons, or a division of a religious body of persons, who unite in holding certain special doctrines or opinions concerning religion that distinguish those persons from others holding the same general religious beliefs.
102.01(2)(em) (em) “Secretary" means the secretary of workforce development.
102.01(2)(f) (f) “Temporary help agency" means an employer who places its employee with or leases its employees to another employer who controls the employee's work activities and compensates the first employer for the employee's services, regardless of the duration of the services.
102.01(2)(g) (g) Except as provided in s. 102.555 with respect to occupational deafness, “time of injury", “occurrence of injury", or “date of injury" means:
102.01(2)(g)1. 1. In the case of accidental injury, the date of the accident which caused the injury.
102.01(2)(g)2. 2. In the case of disease, the date of disability or, if that date occurs after the cessation of all employment that contributed to the disability, the last day of work for the last employer whose employment caused disability.
102.01(2)(gm) (gm) “Wisconsin compensation rating bureau" means the bureau provided for in s. 626.06.
102.01(2)(h) (h) “Uninsured employer" means an employer that is in violation of s. 102.28 (2).
102.01(2)(j) (j) “Uninsured employers fund" means the fund established under s. 102.80 (1).
102.01(2)(jm) (jm) “Uninsured employer surcharge" means the surcharge under s. 102.85 (4).
102.01(2)(k) (k) “Workweek" means a calendar week, starting on Sunday and ending on Saturday.
102.01 Annotation In an occupational disease claim, the examiner may find the date of injury to be other than the last day of work. Royal-Globe Insurance Co. v. DILHR, 82 Wis. 2d 90, 260 N.W.2d 670 (1978).
102.01 Annotation An intentionally inflicted injury, unexpected and unforeseen by the injured party, is an accident under sub. (2) (c). Jenson v. Employers Mutual Casualty Co., 161 Wis. 2d 253, 468 N.W.2d 1 (1991). But see Peterson v. Arlington Hospitality Staffing, Inc., 2004 WI App 199, 276 Wis. 2d 746, 689 N.W.2d 61, 03-2811.
102.01 Annotation Cessation of employment under sub. (2) (g) 2. does not require that the employee no longer be employed, but requires that the employee no longer be employed in the employment that contributed to the disability. If that is the case, the employer that caused the injury is responsible. North River Insurance Co. v. Manpower Temporary Services, 212 Wis. 2d 63, 568 N.W.2d 15 (Ct. App. 1997), 96-2000.
102.01 Annotation Sub. (2) (g) sets the date of injury of an occupational disease, and s. 102.42 (1) provides that medical expenses incurred before an employee knows of the work-related injury are compensable. Read together, medical expenses in occupational disease cases are not compensable until the date of injury, but once the date is established all expenses associated with the disease, even if incurred before the date of injury, are compensable. United Wisconsin Insurance Co. v. LIRC, 229 Wis. 2d 416, 600 N.W.2d 186 (Ct. App. 1999), 97-3776.
2017-18 Wisconsin Statutes updated through 2019 Wis. Act 186 and through all Supreme Court and Controlled Substances Board Orders filed before and in effect on August 1, 2020. Published and certified under s. 35.18. Changes effective after August 1, 2020, are designated by NOTES. (Published 8-1-20)