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.
102.32 Continuing liability; guarantee settlement, gross payment.
102.33 Department forms and records; public access.
102.35 Penalties.
102.37 Employers' records.
102.38 Records of payments; reports thereon.
102.39 General orders; application of statutes.
102.40 Reports not evidence in actions.
102.42 Incidental compensation.
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, 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, compensation.
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 employe 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.
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)(a) (a) "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 industry, labor and job development.
102.01 Note NOTE: 1995 Wis. Act 289, s. 275, authorizes the department of industry, labor and job development to use the name "department of workforce development" for any official purpose.
102.01(2)(b) (b) "Examiner" includes the deputy administrator of the worker's compensation division of the department.
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 employe 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 employe to compensation therefor either for disability or treatment.
102.01(2)(d) (d) "Municipality" includes county, city, town, village, school district, sewer district, drainage district and other public or quasi-public corporations.
102.01(2)(dm) (dm) "Order" means any decision, rule, regulation, direction, requirement or standard of the department, or any other determination arrived at or decision made by the department.
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 industry, labor and job development.
102.01(2)(f) (f) "Temporary help agency" means an employer who places its employe with or leases its employes to another employer who controls the employe's work activities and compensates the first employer for the employe'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)(i) (i) "Uninsured employer assessment" means the assessment imposed under s. 102.85 (4).
102.01(2)(j) (j) "Uninsured employers fund" means the fund established under s. 102.80 (1).
102.01 Annotation In occupational disease claim, examiner may find date of injury to be other than last day of work. Royal-Globe Ins. Co. v. DILHR, 82 W (2d) 90, 260 NW (2d) 670.
102.01 Annotation "Temporary help agency" under (2) (f) is not restricted to employers in business of placing employees with other employers. Gansch v. Nekoosa Papers, Inc., 158 W (2d) 743, 463 NW (2d) 682 (1990).
102.01 Annotation Intentionally inflicted injury, unexpected and unforeseen by injured party, is accident under (2) (c). Jenson v. Employers Mut. Cas. Co., 161 W (2d) 253, 468 NW (2d) 1 (1991).
102.03 102.03 Conditions of liability.
102.03(1) (1) Liability under this chapter shall exist against an employer only where the following conditions concur:
102.03(1)(a) (a) Where the employe sustains an injury.
102.03(1)(b) (b) Where, at the time of the injury, both the employer and employe are subject to the provisions of this chapter.
102.03(1)(c)1.1. Where, at the time of the injury, the employe is performing service growing out of and incidental to his or her employment.
102.03(1)(c)2. 2. Any employe going to and from his or her employment in the ordinary and usual way, while on the premises of the employer, or while in the immediate vicinity thereof if the injury results from an occurrence on the premises, any employe going between an employer's designated parking lot and the employer's work premises while on a direct route and in the ordinary and usual way or any fire fighter or municipal utility employe responding to a call for assistance outside the limits of his or her city or village, unless that response is in violation of law, is performing service growing out of and incidental to employment.
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This is an archival version of the Wis. Stats. database for 1995. See Are the Statutes on this Website Official?